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 26, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On May 19, 2020, at around 22:10, the Defendant driven a car in ECo with a alcohol level of about 0.136% in the section of about 100 meters from the road near C Station B located in Gyeonggi-si, to D and the front road.

Summary of Evidence

1. The defendant's legal statement, statement and control report on the state of his driving under the influence of alcohol and the circumstantial statement of his driver;

1. Records before judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing a summary order;

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 he/she is against the facts charged, the fact that he/she has no penalty heavier than that is favorable to the Defendant, the punishment shall be determined as ordered by taking into account the Defendant’s age, character and conduct, health conditions, means and results of the crime, and the circumstances after the crime, etc.