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

On September 5, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 5, 2007, and on August 5, 2010, issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on August 5, 201.

On November 12, 2019, at around 00:19, the Defendant driven an E E E-cub vehicle under the influence of alcohol concentration of about 0.152% from a 50-meter section from the front of the road located in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the road in front of the D-Mourel.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to reports on the state of running a motor vehicle at home, and criminal history records;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the same type of criminal records has reached three times; and (b) the degree of blood alcohol concentration is disadvantageous.

However, the sentence shall be determined as ordered in consideration of all the factors of sentencing as shown in the arguments of this case, such as the defendant's age, environment, character and conduct, motive, means and result of the crime, and the circumstances after the crime.