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 January 6, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, from the Seosan Branch of the Daejeon District Court.

On January 17, 2020, at around 02:20, the Defendant driven a DNA motor vehicle under the influence of alcohol with approximately 14k alcohol concentration of about 0.114% from the 14km section to the locked road located in Seosan-si B, Seosan-si, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under