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 April 4, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court as a crime of violating the Road Traffic Act.

On January 25, 2020, at around 00:34, the Defendant driven a C-5 vehicle while under the influence of alcohol of about 0.167% in a section of approximately 5.4km from the front of the main point where it is impossible to identify the trade name in the C-5 area at the time of the Government-si, the Defendant driven a C-5 vehicle with the alcohol concentration of about 0.167%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of one copy of the criminal record, reply note, and summary order under Acts and subordinate 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 commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be