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 October 15, 2007, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million at the Changwon District Court for a crime of violation of the Road Traffic Act. On October 25, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

On September 25, 2020, at around 23:32, the Defendant driven a folator-car under the influence of alcohol concentration of about 0.079% in a section of about 400 meters from the front road in Seongbuk-gu, Changwon-si B to the front road in Seongbuk-gu, Sungwon-si D.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Criminal records and other inquiries, and the application of the Acts and subordinate statutes of the same kind of suspect;

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 on the suspension of execution (the reflective points and criminal records, etc. of the defendant);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;