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 26, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Incheon District Court. On May 6, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for the same crime from the Seoul Southern District Court. On May 6, 2008, the Defendant received a summary order of KRW 2,50,000 as a fine for the same crime.

On July 11, 2019, at around 23:53, the Defendant driven a CMW car while under the influence of alcohol content of 0.102% at the 10m section of the road in front of Pyeongtaek-si building.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. Probation, community service order, and order to attend a lecture under Article 62-2(1) of the Criminal Act, inasmuch as the defendant for the reason of sentencing again commits the instant crime even though he/she was punished for a drunk driving, the nature of the instant crime is not good, but the execution of imprisonment is suspended mainly considering the fact that he/she has no past record of crime exceeding the previous fine, and an incidental disposition is imposed to prevent recidivism;