A defendant shall be punished by imprisonment for one year.

except that 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 4, 2006, the defendant was sentenced to a summary order of a fine of one million won by a violation of the Road Traffic Act at the Incheon District Court on August 4, 2006, and has a record of violating the Road Traffic Act.

On October 13, 2019, at around 22:14, 2019, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol concentration of about 100 meters from the Kimpo-si Underground Parking Lot of Kimpo-si to the front road of D elementary school located in the same city C, and was under the influence of alcohol concentration of about 0.076%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the status of driving under drinking, the report on the status of driving under drinking, the report on the status of driving under drinking, and the written report (the report on the status of drinking drivers);

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 (see, e.g., Supreme Court Decision 2009Da14448, Apr. 2, 2007)

1. It shall be decided as per the Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognating Reasons for discretionary mitigation);