A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 22, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Busan District Court for a crime of violation of the Road Traffic Act, and on May 11, 2017, the Defendant was issued a summary order of KRW 4 million by the same court as a crime of violation of the Road Traffic Act.

On November 24, 2019, at around 00:02, the Defendant driven a car CNS E Q900, while under the influence of alcohol 0.141% in blood alcohol concentration from the parking lot for the agricultural and fishing village construction in the Dong-gun, Chungcheongnam-gun, Gyeong-gun, Seoul to the front roads of the same military.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, once again drives a motor vehicle while under the influence of alcohol in violation of the above prohibition provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act, based on a comprehensive consideration of the following factors: probation, community service order, and order to attend a lecture, even though the defendant had the record of having been punished for the same crime, the defendant committed the crime in this case again; the defendant's blood alcohol concentration; the defendant's age, character and behavior, environment, circumstances of crime, circumstances after crime, etc.; the punishment shall be determined as ordered.