A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

(Criminal) On September 30, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court’s branch on September 30, 2008, and a summary order of KRW 2 million as a fine in the above court on September 10, 2012, respectively.

(Criminal Facts) The Defendant is a person who is engaged in driving of B's Bosch Rexton sports cargo vehicles.

On June 17, 2020, around 23:58, the Defendant driven the above cargo vehicle under the influence of alcohol level of about 0.178% in the section of about 3 km from the front of Friju City to the front of D in the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Defendant’s legal statement, notice of the result of the control of drinking driving, report on the circumstances of drinking drivers, investigation report, and report on the status of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of study was that the Defendant once driven alcohol again even though he had the record of drinking alcohol twice, and the degree of alcohol concentration at the time was very high.

However, the distance of drinking driving is short, and the drinking driving power is 8 years prior to all.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.