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 April 23, 2013, the defendant was issued a summary order of a fine of 1.5 million won by the Jeonju District Court for a violation of the Road Traffic Act.

On July 2, 2019, around 10:11, the Defendant driven a CM6 car under the influence of alcohol content of about 0.123% from the Jinjin-gu B apartment in Geumcheon-gu, Seoul to the 15ktolutoluene in gold-dong located in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, a report on the circumstance of a drinking driver, and an appraisal report on the blood alcohol concentration;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and copies of summary orders;

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 reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend a lecture is that the defendant, even though he had the same criminal records twice, commits a drunk driving, and the risk of drunk driving, etc., the liability for the crime is not weak.

However, the punishment shall be imposed by imprisonment with prison labor in consideration of the fact that it is against mistake and that there are some circumstances to consider the situation and that there is no criminal power exceeding the fine, and the execution of the punishment shall be suspended.

In addition, the sentencing conditions, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, shall be determined as per the order.