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 became final and conclusive.

Punishment of the crime

1. On July 26, 2010, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on the grounds of a violation of the Road Traffic Act, etc., and on August 21, 2016, the Defendant was issued a summary order of five million won for the same crime at the Chungcheong District Court.

2. On May 28, 2019, the Defendant driven a DK 3 vehicle under the influence of alcohol with approximately 0.085% alcohol content at a section of about 300 meters from the Do in front of the Jincheon-gun B apartment in Jincheon-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, and around 0.085% from May 28, 2019, even though the Defendant had a two-time drinking record.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. The grounds for sentencing under Article 62(1) of the Criminal Act are recognized as the crime of sentencing and are against the wrong judgment, taking full account of all other favorable circumstances such as the fact that there are no other criminal records except the previous conviction in the judgment, the circumstances to be taken into account, and the occurrence of serious results of traffic accidents, etc., and the fact that a drunk driving was once again conducted under the influence of alcohol, and other unfavorable circumstances such as the defendant's age, character and behavior, motive for the crime, blood alcohol concentration, and the circumstances before and after the crime, etc., and all other circumstances that form the conditions for sentencing specified in the records and arguments of this case, such as