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 19, 2007, the Defendant was sentenced to a fine of one million won by the Jeju District Court for a violation of the Road Traffic Act.

On October 29, 2019, at around 21:21, the Defendant driven a DNA Poter II cargo vehicle while under the influence of alcohol content of about 0.061% at the section of about 3 km from the street in front of the B Village in Chungcheongnam-si to C in front of the street.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the situation of a drinking driver, and inquiry into the results of the drinking driving control;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, references to records, amounts of dispositions, results of confirmation, and application of 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. Under the current Road Traffic Act, the reason for sentencing under Article 62-2 of the Order to Attend the lecture was strengthened, and the punishment for the crime of drinking driving was imposed several times in the atmosphere where the social awareness of the crime of drinking driving was high, but the liability for the crime of this case was not less severe than that of the defendant without among the defendants, but at the time of the crime of this case, the defendant's blood alcohol concentration is low at the time of the crime, the defendant's mistake is divided, and there was no record of punishment heavier than that of the same crime, and the punishment was determined as ordered by considering all the sentencing factors such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime.