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 May 28, 2007, the defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the Jung-gu District Court.

On August 17, 2020, the Defendant driven a DNA rocketing vehicle under the influence of alcohol content of about 4km from around 17, 2020 to about 0.108% of alcohol level, from around 4km to the six-class front roads in the same scam-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on the results of the crackdown on drinking driving, the circumstantial statements of drinking drivers, and investigation reports;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (report attaching criminal records of the same kind as a suspect A);

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 committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as