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 May 8, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 5 million for the same crime at the same court on May 25, 2016, respectively.

【Criminal Facts】

On May 30, 2019, at around 00:05, the Defendant driven a Fran vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.113% in a section of about 300 meters from the front of the “E” road in Suwon-si, Suwon-si B to the front of the “E” road in D.

Accordingly, the defendant, who violated the Road Traffic Act prohibition on drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures are as follows: (a) even though the Defendant had been subject to criminal punishment five times due to drunk driving, the Defendant already committed the instant drunk driving crime; and (b) the blood alcohol concentration level at the time of the instant case was considerable, the Defendant is likely to repeat the crime without good quality.

However, considering the fact that the defendant is led to confession and reflect, three times of the previous convictions are prior to 2005, the execution of imprisonment shall be suspended only once. Such circumstances are different from that of the defendant, and the punishment shall be determined as ordered by the order, taking into account various conditions of sentencing as shown in the records and arguments, such as the defendant's age, environment, background of the crime in this case, circumstances after the crime, etc.