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 January 2, 2009, the Defendant received a summary order of 700,000 won of a fine as a crime of violation of the Road Traffic Act from the Suwon District Court.

At around 14:50 on October 2, 2020, the Defendant driven a fwing-III cargo vehicle with a blood alcohol concentration of about 800 meters from the 800-meter section from the parking lot C located in the Gangseo-gun B to the Eanctic lane D, while under the influence of alcohol of about 0.05%.

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. Arrest report of the occurrence of the case, notification of the result of the regulation of drunk driving, circumstantial statement of a drunk driver, inquiry into the results of the regulation of drunk driving, report on the situation of the persons who are under the influence of alcohol driving, report on the situation of the persons who are under the influence of alcohol driving, on-site photographing, on-site photographing, and investigation report

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. The scope of applicable sentences: Imprisonment with prison labor for a period of one year to two years and six months;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol level of 0.055%, driven a cargo vehicle of about 800 meters while driving the vehicle.

The defendant has a record of being punished for a fine of KRW 700,000 due to a drunk driving in 209.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the blood alcohol concentration and distance, driving distance, the contents and distance of previous punishment records, and the age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc.; and (b) the various sentencing conditions shown in the records and arguments of