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 27, 2008, the Defendant received a summary order of 1.5 million won or more from the Daejeon District Court, and a summary order of 5 million won or more from the Jung-gu District Court on January 26, 2018 due to the same crime, etc.

【Criminal Facts】

On December 26, 2019, at around 05:48, the Defendant driven an E-motor vehicle under the influence of alcohol with about 800 meters alcohol concentration of about 0.073% from the front road in Seocheon-si B to the road located in D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. The sentencing guidelines are not set. 3. The crime of this case in which the sentencing guidelines are applied is the case where the defendant re-driving a motor vehicle despite the fact that the defendant had been punished for driving a motor vehicle for drinking, and the defendant's liability is not weak.

However, the Defendant stated that all the facts charged are recognized and against the Defendant, and that the Defendant does not have any penalty, etc. is considered to be favorable to the Defendant, and the Defendant shall be determined by taking account of the Defendant’s age, character and conduct, health conditions, means and consequence of the crime, and the circumstances after the crime, etc., as indicated in the instant pleadings, and taking into