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

[criminal power] On October 20, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Youngju District Court’s Youngdong Branch, and a summary order of KRW 4 million for the same crime in the same court on January 31, 2013, respectively. On August 21, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years for the same crime in the same court.

【Criminal Facts】

At around 19:40 on April 2, 2019, the Defendant driven a F Twork XG car in the state of alcohol alcohol concentration of approximately 0.170% from the 10km section of approximately 10km to the (Gu) EE in the same Gun.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, as a person who violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) of the Act on the Punishment of Probation, Order to attend a lecture, or Order to provide community service order requires a strict punishment for a crime that is likely to inflict harm on the life, body, or property of a deceased person as well as the driver.

Although the defendant was sentenced to a suspended sentence for the same crime, he committed the crime of this case.

【Pried circumstances】 The Defendant recognized the instant crime.

Finally, more than five years have passed since the defendant was punished.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.