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

On June 29, 2012, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act in the Ansan Branch of the Suwon District Court on June 29, 2012.

Nevertheless, at around 21:43 on October 21, 2019, the Defendant driven an E physical-person car in the direction of approximately 4 kilometers from the member-gu, Ansan-si to the front road of the Gangseo-gu, Seosan-si, Ansan-si, Seosan-si, with a blood alcohol concentration of about 0.117%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order-related 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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.