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 of the final judgment.

Punishment of the crime

[criminal power] On February 28, 2005, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court, on May 13, 2008, a summary order of KRW 2 million for the same crime from Ansan Branch of Suwon District Court to the same crime, on September 29, 2008, and on September 29, 2008, a summary order of KRW 2 million for a crime of violation of the Road Traffic Act was issued at the Suwon District Court, respectively. On May 19, 2015, the Defendant was sentenced to a fine of KRW 6 million for a crime of violation of the Road Traffic Act at the Ansan Branch of Suwon District Court.

【Criminal Facts】

Although the Defendant had the record of violating the drinking alcohol driving, the Defendant driven the Esch Rexton vehicle under the influence of alcohol at approximately 800 meters from the C parking lot located in Silsi B on September 30, 2019 to D in Silti City, with the blood alcohol concentration of about 0.087% from around 80 meters from the C parking lot located in Silti City B to Silti City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of the driver under the influence of alcohol, investigation report (report on the status of the driver under the influence of alcohol, inquiry into the results of the

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes, such as criminal history records, probationary records, amounts of dispositions, reporting on results of confirmation, and 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are advantageous to the fact that the nature of the crime is not good by driving under the influence of alcohol, despite the fact that the defendant had been punished four times due to drunk driving, and that there is no record of criminal punishment exceeding the fine, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc., and other various conditions of sentencing as shown in the trial process shall be determined as per the order