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 October 17, 2017, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the District Court of Jung-gu.

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, on May 11, 2020, at around 03:33, the Defendant driven a B-Adi vehicle with a blood alcohol concentration of 0.128% while under the influence of alcohol on May 11, 2020, while driving the B-Adi vehicle with approximately 100 meters from the day day of Pyeongtaek-si Dong-dong to the front day of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), written appraisal of blood alcohol, and inquiry into the results of the crackdown on drinking driving;

1. Records before judgment: Criminal records, etc., inquiry report, previous records of disposition, and report on results of confirmation - Application of Acts and subordinate statutes governing summary orders;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing factors, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined as the same as the order.

favorable sentencing factors: one is going against his mistake and will not drive under the influence of alcohol again.

There is no history of punishment except once a fine due to existing drinking driving.

Unfavorable sentencing factors: Adversely, even though they were punished for drinking in 2017, they were driving under drinking.

The high drinking level of drinking driving is the high level of drinking.