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 October 17, 2013, the Defendant was issued a summary order of KRW 6 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on October 17, 2013, and on February 14, 2014, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court’s Eunpyeong Site.

【Criminal Facts】

On November 03, 2019, at around 21:22, the Defendant driven C car while under the influence of alcohol 0.111% in blood alcohol concentration from the upper fest road in Ansan-si to the front road in Ansan-si. B.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. 112 reported case handling table;

1. Relevant photographs;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (verification of the same kind of force), and application of two copies of summary order Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are as follows: (a) the Defendant once drives alcohol again even though he had the record of being punished twice due to drunk driving; (b) the disadvantage of the Defendant, such as the fact that drinking water in this case is not low; and (c) the recognition of and reflects the Defendant’s mistake; and (d) the favorable circumstances, such as the fact that the Defendant does not reach a traffic accident, shall be taken into account; and (b) the punishment shall be determined as ordered by the disposition, taking into account all the factors indicated