A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[2] On May 25, 2007, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch on May 25, 2007; on August 7, 2008, the same court issued a summary order of a fine of three million won for the same crime; on October 11, 2012, the same court issued a summary order of a fine of three million won for a violation of the Road Traffic Act; on October 25, 2012, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a violation of the Road Traffic Act; and on August 25, 2016, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act.

[2] On October 9, 2020, the Defendant: (a) driven a F bargaining vehicle under the influence of alcohol level of about 0.031% at around 30 meters in the direction of the E convenience store located in Seongbuk-gu, Sungnam-gu; (b) around 10:48, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, by driving the F bargaining vehicle under the influence of alcohol level of about 0.031% in front of the E convenience store located in Seongbuk-gu, Sungnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing are determined as follows: (a) comprehensive consideration of the following conditions of sentencing, including the age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the arguments and records.

Unfavorable circumstances: The defendant committed the crime of drinking driving in spite of the fact that he/she was punished by a fine and a suspended sentence of imprisonment.

Although this case is a so-called night driving, the defendant, alone prior to the crackdown, drinks at least three times per week.