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 September 18, 2006, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Seoul Central District Court on September 18, 2006, and was sentenced to a fine of 2.5 million won by the same court on March 9, 2012.

【Criminal Facts】

On October 8, 2019, at least 16:30, the Defendant, while under the influence of about 500 meters from the front of the C Logistics Center located in Ansan-si B to the D Village entrance road, operated the EW X5 car with a blood alcohol concentration of about 0.124%, and violated the provision on the prohibition of drunk driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the result of drinking control;

1. The actual condition survey report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect case);

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case