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 October 7, 2010, the Defendant issued a summary order of KRW 1,500,00 to a fine for violation of the Road Traffic Act at the District Court of Jung-gu on the charges of violation of the Road Traffic Act.

On June 11, 2020, at around 02:35, the Defendant driven a Chigh-est car while under the influence of alcohol 0.145%, in a section of about 20km from the French-gu Seoul Metropolitan Government Sym-dong to the front road in Namyang-si, Namyang-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of the Act and subordinate statutes to inquiry reports and investigation reports (verification of the same criminal suspect's 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the crime of this case even though he had the same criminal record, the defendant's blood alcohol concentration was considerably high, the defendant's age, character and conduct and environment, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into consideration the conditions of sentencing as shown in the arguments of this case, such as