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 April 25, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act by the District Court of Jung-gu.

On August 6, 2019, at around 10:05, the Defendant driven an E G80 vehicle while under the influence of alcohol concentration of about 0.093% from the 100-meter section from the front of the C Hospital funeral hall located in Scheon-si B to the Dolle distance.

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 results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (verification of the same type of power, and attachment of relevant summary orders);

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 reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the instant crime even if he had the same criminal record, according to the time interval from the same criminal record, the blood alcohol concentration of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, etc., and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime