A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[criminal power] On October 29, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and a summary order of KRW 4 million for the same crime in the same court on August 29, 2011.

【Criminal Facts】

On October 29, 2019, the Defendant was punished for drunk driving, but at around 22:20 on October 29, 2019, driven a DNA car owned by D while under the influence of alcohol with approximately 0.098% of alcohol alcohol level from about 1km section to the front road located in the Sinsan-si, Gunsan-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the choice of imprisonment (in consideration of the fact that two times for drinking without a license, one time for driving without a license, one time for driving without a license, etc. after 200, two times for driving without a license, etc., and that the blood alcohol concentration of alcohol is higher than 0.098%, etc.);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the commission of a crime is recognized and reflected, the fact that no one was punished for drunk driving since 2011, and no one was punished higher than the fine due to drunk driving, etc., and the defendant's age, character, conduct, occupation, family relationship, etc. are considered);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;