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 March 3, 2014, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch.

At around 23:00 on August 15, 2020, the Defendant driven a DNA car from approximately 500 meters from Bupyeong-gu, Incheon to the same Gu C, while under the influence of alcohol of 0.072% of blood alcohol level.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement, etc. on the circumstances of an employee;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order attached to the same attached Table), and application of Acts and subordinate statutes governing summary orders;

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 (i.e., confession and favorable circumstances that have no record of punishment other than the previous conviction stated in the judgment);

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;