A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] The Defendant is a person who was issued a summary order of KRW 3 million at the Suwon District Court on January 17, 2014 due to a violation of road traffic law (dacting driving), etc.

[Defendant 2] On May 12, 2020, at around 20:30, he driven C 2 vehicles under the influence of alcohol concentration of about 0.105% in blood at a distance of about 1km from May 12, 202 to the front of the shooting distance at the entrance of Pyeongtaek-dong Public Prosecutors' Office.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (the same kind of force);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

Unfavorable circumstances: The fact that the driver re-drivings the driver's license despite the power of being punished for driving under the influence of alcohol, the circumstances that recognize the crime and reflects the degree of alcohol concentration in the blood at the time of detection: The fact that there are no circumstances that realize the risk of driving.