A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 29, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on March 29, 2016.

On September 17, 2019, at around 01:20, the Defendant driven an Eflor vehicle while under the influence of alcohol concentration of approximately 0.235% from the section of approximately 500 meters, from the Do in front of the B house in Seocho-si, Seosan to the D root road located in Seosan-si C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A manual for drinking control, etc.;

1. Application of Acts and subordinate statutes to a report on criminal records, etc., the previous records, and results of verification;

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under