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 June 29, 2012, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, and on March 14, 2014, at the same support, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had the record of violating the alcohol driving, on November 30, 2019, the Defendant driven a DNA vehicle while under the influence of 0.103% of alcohol concentration on the front of C in the Silung-si B at Silung-si (hereinafter “C”), around November 30, 2019.

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. The circumstantial statement of a drinking driver, and the place where drinking is output;

1. Records before judgment: Criminal records, etc., inquiry reports, previous records of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is the fourth drunk driver (the first drunk driver is punished by a fine of one million won around February 2001, the second drunk driver is punished by a fine of three million won around June 201, the second drunk driver is punished by a fine of seven million won around March 2014 due to the third drunk driver, and the third drunk driver is punished by a fine of seven million won around March 201), while the defendant does not have a criminal record of suspended sentence of imprisonment or more, and is recognized and against his/her mistake, and other circumstances shown in the argument of this case are taken into account.