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 November 1, 2006, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act from the Suwon District Court on the ground of a violation of the Road Traffic Act.

【Criminal Facts】

On February 26, 2020, the Defendant driven the E-cargo while under the influence of alcohol with approximately 0.217% alcohol level from the distance of about 1km from around C Elementary to D, which was located in the wife B, G, Young-si around 18:29.

Accordingly, the defendant violated the regulations prohibiting drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of circumstantial statements, investigation reports, and 112 report management table;

1. On-site photographs;

1. Previous records: Criminal records, etc. and inquiries and investigation reports and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, despite the fact that the defendant had been punished for drunk driving as stated in its reasoning, again commits the instant crime. The defendant's blood alcohol concentration high at the time of the instant crime and the risk of traffic that the defendant has caused is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case, there is no record of criminal punishment exceeding the fine, and that there is no criminal punishment for the same crime except for the previous conviction in the judgment is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.