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 August 21, 2015, the defendant was issued a summary order of a fine of three million won by the Suwon District Court for a violation of the Road Traffic Act.

On May 13, 2020, at around 04:05, the Defendant driven D Ecoos car under the influence of alcohol content of approximately 0.188% from the 2.8km section of blood alcohol content to the front road of the 697 smart hotel distance from the front road of the Si military prisoner of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against an employer, report on the circumstances of the driving of an employer, and control photographic report on the circumstantial statements of an employer-employed driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (Attachment to summary orders for sound driving);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service, and order to attend a lecture (the scope of punishment under law) is one year to two years and six months (the decision of sentence) imprisonment; one year to one year; and two years of suspended execution, the defendant, as stated in the first head of the crime in the judgment, was sentenced to a fine for a violation of the Road Traffic Act, even though he had the record of being sentenced to a summary order. At the time of the crime in this case, the defendant's blood alcohol concentration at the time of the crime in this case, was 0.18%, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances before and after the crime in this case, shall be determined