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 July 31, 2013, the Defendant received a summary order of KRW 5,500,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act from the Chungcheong Branch of the Chungcheong District Court on January 9, 2015, respectively.

On November 5, 2019, at around 22:40, the Defendant driven a F Spart car from approximately 1 km section from the roads near the C cafeteria located in Seosan City B to the front roads located in Seosan City, Seosan City, in a state of alcohol of 0.141% of blood alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under