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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On March 13, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on March 13, 2015, and on October 31, 2017, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act (driving) respectively.

【Criminal Facts】

On October 14, 2020, at around 00:27, the Defendant driven an Eststren vehicle under the influence of alcohol content of about 0.103% from the 300-meter section of blood alcohol content to D in the front road located in the same city as the D in the same city.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Legal statement of the defendant, the oral statement, the investigation report, the report on the situation of the driver's license, the report on the status of the driver's license, and the report on the results of the crackdown on the drinking driving and the examination site photograph of the

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order was that the Defendant once driven a drinking alcohol again even though he had the record of drinking alcohol twice, and the blood alcohol concentration at the time was also high.

However, the section of drinking driving is short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.