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 June 15, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 1, 2020, at around 03:20, the Defendant driven a D Sti-type car with approximately 10km alcohol concentration of about 0.148% from the front of the C parking lot located in the Gyeongcheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the front road of the Ocheon-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, despite the fact that the defendant had been punished for drunk driving, re-offending the crime, and the blood alcohol concentration at the time of the instant case is considerably high by 0.148%.

However, considering the fact that the defendant has the same criminal power as one fine, the defendant's age and behavior environment, motive means of crime, results of crime, circumstances after crime, etc., and the sentencing conditions stated in the arguments and records of this case shall be determined by comprehensively taking into account. It is so decided as per Disposition by the decision to suspend the execution of the sentence only once.