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 of the final judgment.

Punishment of the crime

[criminal power] On January 4, 2007, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seocho District Court's territorial branch on January 4, 2007. On March 25, 2008, the Defendant was sentenced to a suspended sentence of imprisonment for the same offense in the same court, etc. for two years.

【Criminal Facts】

On June 20, 2019, the Defendant driven a DNA car with approximately 500 meters alcohol concentration of 0.20% under the influence of alcohol from the 500-meter section from the front of Si-si B to the front of Si-si. C.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, 112 reported case records, and next inquiry;

1. Previouss before and after judgments: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of persons subject to the three-dimensional driving system), written judgments, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order recognizes the defendant's mistake, and the defendant's last criminal punishment for the same kind of crime is about 11 years from the crime of this case.

After committing the instant crime, the Defendant disposed of the automobile.

However, the defendant has been subject to criminal punishment several times for the same crime.

On the day of the instant case, there was a fact that the police was called up after receiving a report by continuing the operation of a motor vehicle, and the police sent a warning that the police would not drive a motor vehicle, but the Defendant was crackdownd while driving the motor vehicle.

In addition, the defendant at the time of the instant case.