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 September 30, 2015, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on September 30, 2015, and a summary order of KRW 1.5 million for the same crime at the same court on October 5, 2015.

【Criminal Facts】

On December 15, 2019, at around 23:45, the Defendant driven a B-learning car under the influence of alcohol concentration of approximately 0.118% at approximately 17km from the 17km section to the road located in the Dong-ro, Singu, Sing-si, Sinsan-si around 00:07 December 16, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the status of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to suspect's previous records and summary orders, each of them, and criminal records, etc. inquiry;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Attend and order to provide community service order is a case where the defendant re-driving a motor vehicle even though he/she had a record of drinking driving, and the defendant's liability

However, considering the fact that the Defendant stated that all the facts charged are recognized and against the Defendant, that there is no sentence, and that the social relationship seems clear, the Defendant’s favorable circumstances shall be considered, and the Defendant’s age, character and conduct, health status, means and consequence of the crime, etc. shall be determined by taking into account the various sentencing conditions indicated in the pleadings of the instant case, such as the circumstances after the crime