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 August 27, 2008, the defendant was sentenced to a fine of two million won by the Cheongju District Court for the violation of the Road Traffic Act.

On January 31, 2020, at around 22:30, the Defendant driven a D-D-D-D-D-D-D-D-D-D-D-D-D-Won Road from about 1km to the front road of C-C-do, Seowon-gu, Cheongju-si, while under the influence of alcohol by 0.127% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

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

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 requires the strict punishment of the defendant in light of the fact that the defendant committed the crime of drinking again even though he/she had a previous conviction twice.

However, the defendant's failure to repeat the crime in light of the fact that the defendant was found to have committed the crime, and the criminal records of the above drunk driving are both fines prior to 2008, and there is no particular criminal punishment for the defendant other than twice of the fine of this type, and the defendant is sentenced to suspended execution under the condition of the order to attend a lecture, taking into account all the circumstances, such as the degree of blood alcohol and driving distance of this case, the defendant's age, character and conduct, and circumstances before and after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, and the sentence shall