A defendant shall be punished by imprisonment for one year.

except that 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] The defendant is a person who has received a summary order of a fine of two million won for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on September 25, 2009.

【Criminal Facts】

On January 10, 2020, the Defendant driven a k9 car in the state of alcohol of about 200 meters alcohol concentration of about 0.109% from the section of approximately 200 meters, from the influenite to the front road of the Chian Conference located in Seocheon-si, Seocheon-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power judgment) and other Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da11448, Apr. 1, 2009) (see, e.g., Supreme Court Decision 2009Da124

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);