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 April 9, 2015, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court, in a case where the Defendant violated the Road Traffic Act.

The Defendant, as above, was a person with the power of violating Article 44(1) of the Road Traffic Act, driven a cnife car under the influence of alcohol with a blood alcohol concentration of about 0.206% from the 5km section from May 11, 2020 to the 23:05 day from May 11, 2020 on the front of the wood audit distance at Sinsan-dong, Sinyang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, annife-si

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 confirmation of occurrence of the case, report on the circumstantial statement of the drinking driver, investigation report (report on the situation of the drinking driver), notification on the control of drinking driving, and written appraisal of blood alcohol;

1. On-site photographs;

1. Previous records: Criminal records, inquiry reports, and application of summary orders of the same kind of power Acts and subordinate statutes;

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(1) of the Criminal Act on probation, community service, and order to attend a lecture [the scope of applicable sentences under the law] The imprisonment of one year to two years [the decision of sentence], one year to one year, and two years of suspended execution, as stated in the first criminal facts in the judgment, the Defendant re-driving a motor vehicle even though he had a record of being sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) even in 2015. At the time of the instant crime, the Defendant re-driving a motor vehicle. The blood alcohol concentration measured by the Defendant at the time of the instant crime is very high to 0.206%, the Defendant’s blood alcohol concentration measured by the Defendant is high to 0.206%, the distance from the drunk driving, the Defendant’s age, character