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 February 18, 2011, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Southern District Court on February 18, 201, and a summary order of KRW 1.5 million with a fine of KRW 1.5 million with the same crime at the Jungbu District Court on July 14, 201.

On January 25, 2020, at around 16:05, the Defendant driven a C-W car with a blood alcohol concentration of about 0.115% under the influence of alcohol at approximately 12 kilometers in the section of approximately 12 kilometers from the Do in the south-si, Namyang-si to the point of approximately 36.7 kilometers in the Do in the Southern-si, Namyang-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site investigation report (No. 25 No. 5 of the evidence list) a report on the results of the influence of drinking driving control (the final drinking water for applying the suspect mark code);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.115%.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.