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 November 4, 2009, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On June 21, 2020, the Defendant was under the influence of alcohol of 0.166% of blood alcohol concentration at around 22:55, and was driving a D string-off truck at the front of the hart amusement park located in the Gyeonggi Pyeong-gun, Gyeong-gun, which is located in the Gyeong-gun, to the front of the c cafeteria located in Gyeonggi Pyeong-gun B.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of inquiry letters, a copy of judgment, and statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as