A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 25, 2008, the Defendant issued a summary order of KRW 1,50,000 for a fine for a violation of the Road Traffic Act at the Jung-gu District Court on August 25, 2008; on November 11, 2010, the same court issued a summary order of KRW 2,50,000 for a fine for the same crime; on February 22, 2013, the Seoul Northern District Court issued a summary order of KRW 5 million for the same crime.

On July 1, 2020, at around 06:30, the Defendant driven Dsch-sports cargo vehicles with approximately 10 meters of alcohol concentration of 0.185%, while under the influence of alcohol, from the street in front of the C-Union parking lot located in the Namyang-si, Namyang-si, B to the blind distance in front of the C-Association located in the Namyang-si, Namyang-si.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,