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 October 13, 2006, the Defendant was notified of a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 15, 2019, at around 22:08, the Defendant driven a motor vehicle into the DJetta while under the influence of alcohol concentration of about 0.047% from the 1km section to the road located in Yangyang-si, Namyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act, report on the circumstances of a drinking driver, and inquiry into the results of the regulation of drinking and driving;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the crime of this case even though he had the same criminal record, that the same criminal record of the defendant has long been committed, that the defendant has no criminal record exceeding the fine, that is, blood alcohol concentration of the defendant, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime