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 December 5, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On June 1, 2020, at around 22:19, the Defendant driven a sports cargo vehicle D in the state of alcohol 0.141% alcohol level from the 3km section of approximately 3km to the underground parking lot of B apartment C in the same city, from the 2349-17-gil-ro, Mabcheon-ro, Mabcheon-ro, 2349.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, inquiry report, inquiry report on the results of the crackdown on drinking driving, and internal investigation report (demark);

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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; the 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 determined as ordered