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 April 23, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and on March 30, 2011, the Defendant was issued a summary order of KRW 2 million for the same crime as the same crime.

【Criminal Facts】

On July 22, 2020, the Defendant driven a DNA cargo vehicle with a blood alcohol content of about 0.101% while under the influence of alcohol from approximately 3km to the front road from Mangdong-gu, Mangdong-si to Goyang-si. C on July 7, 2020.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of one copy of inquiry report and one copy of each summary order, such as criminal records;

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 the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to be subject to criticism because of the high risk of infringing the life and property of

Although the Defendant had a previous drinking driving record, the Defendant committed the instant crime again.

However, in addition to the fact that the defendant recognized the facts of his crime and the same power was not less than nine years, the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case and other various conditions of sentencing specified in the arguments of this case, such as drinking water of this case, driving distance, the frequency and contents of the defendant's previous records, and the age, character, character, environment, motive, means and consequence of the