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 May 7, 2013, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and a fine of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Net Branch on December 3, 2014.

On October 23, 2019, at around 23:31, 2019, the Defendant driven a F Soa car in the state of alcohol with a blood alcohol concentration of about 0.128% at a section of about 150 meters from the Cdong Resident Center located in Cdong-si B to the E inside and front of the same city.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment of the same criminal records), and the application of statutes governing the judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the grounds of sentencing of Article 62-2 of the Act on community service and lecture attendance order has been continuously aggravated statutory punishment due to the danger of drinking alcohol driving and changes in the legal sentiment of the people. Although the defendant had been sentenced to a fine twice due to the crime of drinking alcohol driving in 2013 and 2014, the defendant has also been subject to a fine twice due to the crime of drinking alcohol driving in

However, the distance of drinking driving is not longer than 150 meters and is not leading to an accident, a considerable period of time has elapsed from the time of final punishment for drinking driving, the defendant's mistake is against the defendant, equity with the punishments sentenced in the same case, and other age, character, environment, family relationship, etc. of the defendant.