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 March 7, 2016, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Jung-gu District Court on March 7, 2016, and a summary order of KRW 1 million for the same crime at the same court on February 7, 2013.

【Criminal Facts】

At around 11:00 on January 11, 2020, the Defendant driven a DNA car with a blood alcohol content of about 0.058% from the section of approximately 2 km from the front of the Namyang-si to the front of the same city C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports, investigation reports (a) and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The accused has been punished twice as drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.058%.

However, considering the favorable circumstances that the defendant recognized the crime of this case and reflected in the fact that the defendant again does not drive under the influence of alcohol, considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, criminal record relation, etc., the punishment as ordered shall be determined by comprehensively taking into account all the following factors: