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 October 16, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act, in an Ansan District Court's Ansan Branch.

On November 1, 2019, around 18:00, the Defendant driven a car with blood alcohol concentration of 0.153% in the cafeteria C restaurant parking lot located in Spocheon-si B, Spocheon-si, and driven a vehicle at approximately 16 meters away from the contact accident to the vehicle parking in another space in the same parking lot.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, report on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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 Code of the Order to Attend a lecture is that the defendant again commits the crime of this case even though he had the same criminal record as the defendant was sentenced to a suspended sentence, taking into account the time interval between the previous criminal record and the previous criminal record, the blood alcohol concentration of the defendant, the place where the defendant was under drinking, the distance of driving, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, and the circumstances of the sentencing