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 11, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Changwon District Court's Jinju branch, and a summary order of KRW 4 million as a fine of KRW 2 million on August 26, 201, from the Gwangju District Court's Net Branch of the Gwangju District Court, on August 26, 201, as a crime of violation of the Road Traffic Act (driving).

On December 18, 2019, at around 00:59, the Defendant driven a DNA low-income vehicle from approximately 70km to the front road of the Cmiddle School located in the Jeonyang-gu Seoul Metropolitan Government, Jeonyang-si, with the influence of alcohol content of 0.107%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving 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 punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under