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 28, 2008, the Defendant was issued a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on November 28, 2008, and a fine of KRW 2,00,000 as an identical crime in the Gyeyang Branch of Suwon District Court on July 12, 2013.

【Criminal Facts】

around 18:42 on February 28, 2020, the Defendant driven a C low-priced car while under the influence of alcohol leveling 0.126% with approximately three meters on the front side of the Manan-gu Mayang-gu B.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the oral statement of a host driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes reporting criminal investigations (the same criminal records against a suspect);

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;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Although the defendant, who was sentenced to a sentence, once again drives under the influence of a fine three times due to a drunk driving, he/she had no previous conviction in excess of a fine, and all of the sentencing conditions indicated in the records, shall be determined as ordered by taking into account the following factors.