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

[Criminal Power] On July 9, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court’s Branch on July 9, 2012.

【Criminal Facts】

On October 22, 2019, at around 00:06, the Defendant driven a DMW car with approximately seven km section from the front day of the mutual influent drinking house in Asan City to the front day of the C in the Jin-si City, the Defendant was under the influence of alcohol concentration of about 0.106%.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on internal investigation (the details of detection of food driving, etc.);

1. 112 reported case handling table;

1. Photographs taken to drink alcohol;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, confirmation of criminal records, and application of Acts and subordinate statutes two copies of summary orders;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the previous conviction in which the defendant had been punished twice due to drinking alcohol driving again, the unfavorable circumstances such as the fact that drinking alcohol in this case is not low, the defendant's mistake and reflects it, the fact that there is no serious criminal record exceeding the fine, the fact that there is no serious criminal record exceeding the fine, and the fact that it does not amount to a traffic accident, each of the favorable circumstances such as the defendant's age, character and behavior, environment, motive for the crime, and the circumstances after the crime, etc. are considered, and the punishment as ordered by the order shall be determined by taking into account