A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 9, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on April 9, 2013, and on March 17, 2015, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.

On October 16, 2019, around 09:50 on the 09:50, the Defendant driven C Lasta car with the blood alcohol concentration of 0.04% from the 2km section from the 100-ro 100-ro of the same city border to the light-based underground car.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and a report on the assessment of blood alcohol;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A), investigation reports, and other Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol concentration of the defendant, the age, character, conduct and environment of the defendant, his age, character and conduct, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as