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.

Criminal facts

Some of the facts charged were corrected.

On December 23, 2008, the Defendant received a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act from the Jung-gu District Court on December 23, 2008, and KRW 2 million for the same crime from the Daejeon District Court on May 31, 2017.

Nevertheless, at around 23:52 on November 20, 2019, the Defendant, while under the influence of alcohol of 0.046%, committed a violation of the Regulations on Prohibition of Drinking Motor Vehicle B by driving a motor vehicle at approximately two times at the 1km section of approximately 1km-ro, 418 at the end of the 1km-ro of the same Gu king-dong sperm located in Sungnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, investigation reports (26 pages of the same kind of power, investigation records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures was that the Defendant driven a car under the influence of the second blood alcohol concentration of 0.046% even though he had a record of being sentenced to each fine around 208 and around 2017 due to drinking alcohol.

The main circumstances are to be taken into account, but the defendant has a attitude to recognize and reflect the defendant's mistake, and there is no other criminal records other than five times prior to a fine, including the above criminal records, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the circumstances after the crime.