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 December 2, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court Branch on December 2, 2009.

【Criminal Facts】

On August 7, 2019, around 22:04, the Defendant driven a DNA rocketing motor vehicle under the influence of alcohol of about 0.072% of blood alcohol content at the section of approximately 3 km from the Do in front of the “C” located in Ycheon-si B to the front road of the 199, Songnam-si, Songnam-ro, Songnam-ro, B, 199.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Inquiry into the result of the crackdown on drinking driving;

1. Criminal records: Criminal records, inquiry reports, investigation status, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The defendant has a record of being punished by a fine for drunk driving in 2009.

The favorable circumstances: The mistake is recognized and reflected.