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 15, 2008, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million, and on September 5, 2013, a summary order of KRW 1 million from the Suwon District Court’s Ansan Branch to the same crime, respectively.

【Criminal Facts】

On July 15, 2020, at around 22:19, the Defendant driven a car B with approximately 15km in the section of 15km from the roads near the Jin-si Si of Chungcheongnam-gu to the new intersection in the gold village of the same Si, while under the influence of alcohol of 0.103% of blood alcohol level.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the handling table of 112 reported cases;

1. Previous records of judgment: Application of each of the criminal records, repeated statements, and summary order for drunk driving, respectively;

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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.