A defendant shall be punished by imprisonment for a term of one year and three months.

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

On June 20, 2014, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 5 million with the same court on June 24, 2014 for a violation of the Road Traffic Act.

On December 13, 2019, at around 05:08, the Defendant driven a B-hand car under the influence of alcohol at approximately 5km section of approximately 0.073% alcohol concentration from the 5km-ro, Seoyang-gu, Seoyang-gu, Goyang-si, Goyang-si to the road in front of the 145 original form.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on traffic accidents, reports on the circumstances of a drinking driver, and reports on the results of the control of drinking driving;

1. On-site photographs;

1. Records of drinking driving under the judgment: Application of Acts and subordinate statutes to a report on criminal records, etc. and a report on the results of confirmation of the previous dispositions;

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 Road Traffic Act amended on December 24, 2018 on the grounds of sentencing under Article 62-2 of the Criminal Act (amended on December 24, 2018) strengthens the punishment to be sentenced to imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if mitigation is performed, and two years and not more than six months) when choosing to be sentenced to imprisonment with prison labor for a person who has driven under the influence of alcohol at least two times; the fact that the defendant had already been punished for driving under the influence of alcohol in this case is unfavorable to the defendant; the defendant's mistake is recognized; the defendant has no record of punishment for more than five years after the last driving under the influence of alcohol; and the fact that the blood alcohol concentration in this case has not been high due to the influence of alcohol in consideration of the