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 20, 2007, the Defendant received a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act, and on January 30, 2009, issued a summary order of KRW 1,00,000 as a fine of KRW 3,00 for the same crime.

On November 6, 2019, the Defendant is under the influence of alcohol with a maximum of 0.042% of alcohol content from the 3km section of approximately 3km to the road from the Roon-si, Seocheon-si (Seoul bank) to the end of the Baluri in the state of under the influence of alcohol with a maximum of 0.042% of alcohol content from the 3km section in front of the Baluri-si, Seocheon-si

1. 5. A person driving a TRBO car.

Accordingly, the defendant driving a motor vehicle in violation of the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of each Act and subordinate statutes on criminal records, inquiry reports, investigation reports, and copies of each written judgment;

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

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following circumstances: the Defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime, etc., and the sentencing conditions indicated in the argument of the instant case shall be determined as ordered.

A disadvantageous circumstances: A favorable circumstances such as the fact that there has been two times of past records of punishment due to drunk driving: A higher level of blood alcohol level; a fine has been imposed for the previous drunk driving; a fine has been imposed for the previous drunk driving; the previous crime of drunk driving is very large at intervals; the previous crime of drunk driving does not cause personal and material accidents due to drunk driving; and his/her mistake is divided and reflected.