A defendant shall be punished by imprisonment for one year.

except that 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 January 29, 2016, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Seogu District Court Branch of Seogu District Court on January 29, 2016.

【Criminal Facts】

On February 29, 2020, at around 19:45, the Defendant driven a Dbe-crated car under the influence of alcohol concentration of approximately 0.143% from the section of approximately 300 meters to the front of C in the same city from the roads in front of the mutually unclaimed restaurant in the Sinsi-si, Sinsi-si.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Previous convictions in judgment: References to criminal records and investigation reports (verification of criminal records of the suspect A the same kind of punishment);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) of the same Act concerning facts constituting a crime and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, while having been punished twice by a fine due to drinking alcohol driving, is in a disadvantage.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, there is no record of punishment exceeding the fine, and the age, character and conduct, environment, family relationship, means and result of the crime of this case, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime.