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 July 2, 2015, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Suwon District Court branch on July 2, 2015, and a summary order of KRW 4 million for the same crime in the above court on October 31, 2017, respectively.

(Criminal Facts) The Defendant is a person who is engaged in driving a B rocketing car.

On December 13, 2019, at around 22:49, the Defendant driven the said car under the influence of alcohol level of about 500 meters from the “D funeral hall” located in Gyeonggi-si C to the Frist Road in the same military E, with approximately 500 meters alcohol level of about 0.118%.

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 a violation of the Road Traffic Act, report on the circumstances of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of each summary order;

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 a lecture, even though the Defendant had twice the record of drinking driving, again driven under drinking again, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking driving distance is short.

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.