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 17, 2015, the Defendant received a summary order of a fine of four million won for a crime of violating the Road Traffic Act from the Suwon District Court's Ansan Branch as well as a summary order of two million won for a crime of violating the Road Traffic Act in the same court on December 8, 2015.

Around 13:40 on July 9, 2020, the Defendant driven a two-wheeled vehicle with DNSC1255SH under the influence of alcohol concentration of about 0.115% in approximately 15 meters from 15 meters from the front side of luminous to the front side of the same city C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Video images of 45 CCTVs for crime prevention;

1. Previous convictions in judgment: Criminal history records, repeated statements, and application of Acts and subordinate statutes of two copies of 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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.