A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 24, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on August 24, 2012; on April 30, 2010, the Seoul East District Court issued a summary order of one million won for a violation of the Road Traffic Act (driving) at the Seoul East District Court on more than twice.

【Criminal Facts】

On March 2, 2019, at around 23:45, the Defendant driven a sports cargo vehicle C in the state of alcohol alcohol concentration of about 0.138% at a section of about 3 km from the front of a restaurant in the trade name and aesthetic part of the city, to the front of the same city, on March 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Criminal records: Criminal records, reply reports (A), investigation reports (verification reports on the same kind of power), judgment, and application of Acts and subordinate statutes in a summary order;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Article 62 (1) of the Criminal Act;

1. Selection of imprisonment is made by taking into account the facts of recidivism, even though the person was sentenced to a suspended sentence of imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act due to probation, community service order, and order to attend a lecture, taking into account the circumstances, the period of recidivism, blood alcohol concentration, criminal records, circumstances after the crime, and other sentencing conditions, and the probation, etc. shall be determined in order to prevent recidivism, and the period of probation