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 6, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

On October 25, 2019, at around 00:37, the Defendant driven a DNA car with a blood alcohol concentration of about 0.088% in a section of about 150 meters from the front of the Gu-Si apartment house B, Gu-si, Seoul to the front of the Gu-Si, Gu-si, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 grounds for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are recognized to be erroneous by the defendant. When committing the instant crime, all of the sentencing conditions shown in the records and arguments of the instant case, including the defendant's blood alcohol concentration, driving distance, circumstances leading to the defendant's driving at the time of driving, the status of the defendant at the time of driving, and the criminal records