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 April 17, 2014, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s branch on April 17, 2014, and a summary order of KRW 3 million for the same crime at the Jung-gu District Court on December 7, 2016, respectively.

(Criminal Facts) The Defendant is a person engaging in driving a vehicle B QM3.

At around 22:00 on March 15, 2020, the Defendant driven the said car while under the influence of alcohol 0.128% in a section of about 50 meters from the front of the “Dcafeteria” to the front of the “F” in E, which is located in the Gyeonggi Pyeong-gun C.

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;

1. Reporting on detection of suspected victims of violation of the Road Traffic Act;

1. Notification of the results of the control of drinking driving, report on the circumstance of a drinking driver, investigation report (report on the situation of a drinking driver), and inquiry into the results of the control of drinking driving;

1. CCTV images for crime prevention, CDs and caps photographs;

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

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 of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture was that the Defendant once driven alcohol again, despite two times of drinking driving skills, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking distance was shorter.

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.