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 22, 2008, the Defendant was sentenced to a summary order of 1.5 million won for the crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on October 22, 2008. On August 31, 2011, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years of suspended execution.

【Criminal Facts】

On September 25, 2019, around 00:02, the Defendant violated the duty of prohibition of driving under the influence of alcohol on two or more occasions while driving a DNA SM5 vehicle while under the influence of alcohol with approximately 0.098% alcohol level in the range of about 1km from the vicinity of the Manan-gu B market in Ansan-si to the C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments of the same kind), application of Acts and subordinate statutes to criminal records, investigation reports (verification of criminal records of the same kind of suspect);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 62-2 of the Criminal Act requires that the defendant has the same criminal records for the reasons of sentencing, and the defendant's age, character and conduct, environment, circumstances of the crime and circumstances before and after the crime shall be determined as ordered by taking into account the following factors: