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 May 31, 2007, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act.

On July 19, 2019, at around 03:25, the Defendant driven a F K5 vehicle under the influence of alcohol with approximately 200-300 meters alcohol concentration 0.117%, from the road in front of the Gu Government-Si, to the D apartment E-dong road at the Gu Government-Si, the Defendant driven a F K5 vehicle with approximately 200-30 meters alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. 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 committed the crime of this case despite the fact that he had been punished for drunk driving in 2007, the defendant has no particular criminal record other than the above criminal record, the defendant's blood alcohol concentration before his previous criminal record, the defendant's age, character and behavior and environment, the defendant's age, character and behavior 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, etc.,