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 16, 2019, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the District Court of Jung-gu.

On November 22, 2019, at around 01:00, the Defendant driven a car under the influence of alcohol with approximately 7 km alcohol concentration of about 0.106% from the 7km section to the road before the police box for liquidation in Gyeonggi-do, which was located in 231, a peace-ro 231, in the course of liquidation of Gyeonggi-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

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

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 if he had the same criminal record, and the same criminal record is the most recent, the defendant's blood alcohol density, his age, character and behavior and environment, the motive, means and consequence of the crime, etc. of this case shall be determined as ordered by taking into account the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime.