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 June 22, 2018, the Defendant was sentenced to a fine of KRW 2 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On July 15, 2020, at around 01:07, the Defendant driven C Lasta car with the blood alcohol concentration of about 0.049% from the 50-meter section from the insular road to the insular road in Bupyeong-si. B., the Defendant driven C strawa car with the alcohol concentration of about 0.049%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, investigation report, notification on the results of the control of driving under the influence of alcohol, and inquiry into the results of the control of driving under the influence of alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of criminal records, application of Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of a sentence, and the choice of imprisonment (the same type of power twice, or the second type of crime committed in a short period after being punished in 2018);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the suspension of execution is not relatively high and the distance of movement is short and the power of 2005 has elapsed for a considerable period of time);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;