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 November 18, 201, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Gyeyang Branch of the Suwon District Court on November 18, 201, and on August 27, 2013, the Defendant was sentenced to a suspended sentence of KRW 5 million for the same crime at the Jung-gu District Court on August 27, 201.

Criminal facts

On September 13, 2019, at around 00:45, the Defendant driven a DM6 car from approximately 2 km to the “C” road located in Sinyang-dong in Sinyang-gu, Manyang-gu, Annyang-gu, Annyang-si, Annyang-si, to the influence of alcohol content 0.141%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, results of confirmation, and application of each statute of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 48-2 (1), 44 (1) and (2) of the Road Traffic Act that 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. The fact that the defendant for sentencing under Article 62-2 of the Criminal Act of the community service order has a record of being punished three times due to the crime of violation of the Road Traffic Act or the crime of violation of the Road Traffic Act (i.e., fine twice a suspended execution and one time a suspended execution), while taking into account the circumstances, such as the background of the crime, the degree of blood alcohol concentration, etc.