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 December 19, 2011, the Defendant received a summary order of KRW 1,50,00,000 from Daejeon District Court Branch of Daejeon District Court due to a violation of the Road Traffic Act (driving).

On October 14, 2019, at around 23:26, the Defendant driven a BB car under the influence of alcohol leveling of about 0.154% from the 3km section of approximately 3km from the 1633km-dong, Ansan-si, Seoul Special Metropolitan City, to the front road of the shooting distance of the Water Resources Corporation located in the 1633-dong, Sinsan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, repeated statements, and the application of Acts and subordinate statutes verifying the punishment for drunk driving;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.