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 February 15, 2014, the Defendant issued a summary order of KRW 4 million for the violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site site.

On February 15, 2020, at around 01:38, the Defendant driven a DNA ball-free car with approximately 200 meters alcohol concentration of approximately 0.166% in the section of approximately 200 meters from the roads near Pyeongtaek-si B to the roads adjacent to C in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes on attached data;

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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

Unfavorable circumstances: The circumstances that are advantageous to the fact that the driver re-drivings a motor vehicle despite the power already punished for a drunk driving, and that the risk of the driver's driving was considerable in light of the background of the detection and the degree of blood alcohol concentration at the time: The recognition of the crime and reflects it, the distance of driving is relatively not relatively long, and there is no other criminal power except before the judgment.