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

【Criminal Power】 On February 27, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch, and on May 23, 2008, the same court was sentenced to one year of imprisonment for a violation of the Road Traffic Act, and on December 24, 2008, the same court was sentenced to one year of suspended execution for three months for a violation of the Road Traffic Act.

【Criminal Facts】 On June 15, 2019, around 15:35, the Defendant driven a FNEW franxG car while under the influence of alcohol content of approximately 0.059% at the section of approximately 500 meters from the front of the road in Chungcheongnam-si, Chungcheongnam-si to the front of the road in the same city D.

Accordingly, the Defendant, who was under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), application of statutes of the judgment;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: A large number of criminal records are imposed, and circumstances favorable to the fact that the previous department including the punishment among them are seven times or more: the defendant's health appears to be contrary to his/her mistake, and the defendant's age, character and conduct, environment, criminal records and criminal records, circumstances after the crime, etc. are considered, and the punishment as ordered shall be determined by taking into account all the conditions for sentencing specified in the arguments of this case, such as the defendant's age