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 July 24, 2015, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on November 8, 2017, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

Nevertheless, at around 00:55 on September 22, 2020, the Defendant driven the horse b at a section of about 50 meters from the public parking lot adjacent to the viewing room located in the Suwon-si transferdong in Suwon-si, Suwon-si, to the viewing road prior to the viewing of the water source, while under the influence of alcohol by 0.047% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employer to the driver;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes on criminal records, reply reports, and copies of each summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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 reason for sentencing under Article 62-2 of the Criminal Act with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

Since the Defendant was punished as a drunk driving in November 2017 and was re-driving for three years, there is a lot of possibility of criticism.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence, etc., the sentencing conditions indicated in the record shall be determined as ordered, taking into account the following circumstances: (a) the defendant recognized the crime in this case; (b) the blood alcohol concentration due to drinking in this case is not high; and (c) the defendant has no record of punishment more than a suspended sentence; and (d) the defendant has no record of punishment yet.