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 August 7, 2007, the Defendant received a summary order of a fine of four million won for a crime of violation of the Road Traffic Act from the District Court of Jung-gu.

On July 15, 2020, at around 08:35, the Defendant driven a Grand City under the influence of alcohol content of approximately 0.146% from the 2km section to the front road of the Gyeonggi Nam-si apartment complex B, Nam-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the statement of the situation of the motor vehicle under consideration, investigation report (report on the circumstances of the motor vehicle under consideration) 112 report

1. Application of two Acts and subordinate statutes to two copies of a statement on criminal records, etc. inquiry (A), investigation report (verification of the same kind of power), and summary order;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who was sentenced to the sentence, committed the instant crime on or around 2005, even though he had the record of punishment due to the violation of the Road Traffic Act (driving) around 2007, and on or around 2007, committed the instant crime. The Defendant’s blood alcohol concentration at the time of the instant case reaches 0.146%.

However, considering the fact that the defendant is unable to pay a high amount of fine due to economic circumstances, and the defendant wants to take into account the fact that he is unable to pay a higher amount of fine, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc. and various sentencing conditions shown in