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 November 14, 2016, the Defendant was issued a summary order of KRW 1,500,000 to a fine for violating the Road Traffic Act at a district district court of Jung-gu.

On August 22, 2020, the Defendant driven D-Wz’s car under the influence of alcohol level of about 0.087% on the nine-lane section from the Do in front of the Gyeonggi-si to the front road of the Gyeonggi-si, Gyeonggi-do.

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

Summary of Evidence

1. The defendant's legal statement made one time as a result of the crackdown on drinking driving, the report on the situation of driving under drinking, and the circumstantial statement of the driver under drinking;

1. Application of criminal records, reply reports, and Acts and subordinate statutes on the confirmation of the same record of the suspect;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again commits the crime of this case even if he had a previous conviction of the same kind; the time interval from the previous conviction of the same kind; the defendant's blood alcohol density; the age, character and conduct and environment of the defendant; his age, motive, means and consequence of the crime; and the conditions of sentencing specified in the arguments of this case, such as circumstances after the crime, shall be