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 April 5, 2019, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

At around 21:00 on October 16, 2019, the Defendant driven a Clatera car in the state of alcohol alcohol concentration of approximately 0.128% from a section of about 1km to the front road of the Seosan Island 139-2 located in Seosan-ro, Chungcheongnamcheon-ro, Chungcheongnamcheon-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports, the previous records and results of confirmation, and the application of Acts and subordinate statutes of the summary order;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the previous conviction in which the defendant had been punished twice due to drinking alcohol driving again, despite the fact that the defendant had a record of being punished twice due to drinking alcohol driving, the time interval between the above drinking power and the crime of this case is not long, and the defendant's wrong and reflects the unfavorable circumstances, such as the fact that the defendant did not have a low drinking alcohol level, the fact that there is no serious criminal record exceeding the fine, the fact that there is no serious criminal record beyond the fine, and the fact that there is no traffic accident even though it does not occur frequently, the punishment as ordered by the order shall be determined by comprehensively taking into account all the conditions of sentencing shown in the arguments, including the defendant