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 became final and conclusive.

Punishment of the crime

[Criminal Power] On April 30, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court's Jinju branch.

【Criminal Facts】

At around 22:30 on July 16, 2020, the Defendant driven a DM5 car in the state of alcohol alcohol concentration of about 0.143% from the 1km section from the front of the Gyeonggi-si, the Government of Gyeonggi-do to the front of the same day, around 2:35 on the same day, to the front of the City in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Previous records of judgment: Application of criminal records, inquiry reports, and Acts and subordinate statutes governing the confirmation of records of drinking driving;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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, despite the fact that the Defendant had been punished for drunk driving in 2007, has committed the instant crime.

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the defendant has been fully admitted to commit a crime; (b) the criminal defendant has long been previous convictions; (c) the defendant wants to take the wife having difficulty in economic circumstances; and (d) the blood alcohol concentration (0.143%) of this case; (b) the age and character of the defendant; (c) his age and character; (d) family relationship; (d) motive and means of the crime;