A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 9, 2009, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on January 9, 2009. On May 27, 2010, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on May 27, 2010, and on May 26, 2015, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court on May 26, 2015.

Although the Defendant had been punished for drunk driving as above, on December 1, 2019, the Defendant driven Crento car in the state of alcohol with a blood alcohol concentration of about 0.041% from the 2km section of approximately 2km from the front to the front road, from the front road of the Speaker-si at the time of the Government-si at around 21:55, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry report on the control of driving under the influence of alcohol (report on the circumstances of a driver under the influence of alcohol);

1. Application of Acts and subordinate statutes on criminal records, reply reports on criminal records, investigation reports (verification of the same kind of power), and summary order;

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 is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,