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

[Criminal Power] On July 23, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch on July 23, 2008

【Criminal Facts】

On November 11, 2019, at around 23:05, the Defendant driven an E-motor vehicle in the state of alcohol alcohol concentration of about 0.079% at the section of approximately 200 meters from the roads near C Station B in Ansan-si, Ansan-si to the front road of the same Gu D apartment.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and record of measurement of drinking;

1. Investigation report (report on the circumstances of an immigration driver);

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

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in this case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.