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 December 15, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the Suwon District Court’s Ansan Branch on December 15, 201, and was sentenced to a suspended sentence of 2.5 million won for the same crime in the same court on June 9, 2011.

On March 21, 2020, at around 20:15, the Defendant driven a DK5 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.069% at the section of approximately 9.5km from the front of the member-gu, Ansan-si to the front road of the same Sinsan-si.

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. Investigation report, report on the circumstances of a drinking driver, report on the driving of a drinking alcohol driver, notification on the results of the control of drinking alcohol and record book of the measurement of drinking alcohol;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and statutes;

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 on the stay of execution (it shall be considered that there are twice the same kind of power, one of whom has elapsed before and after the suspension of execution or for a considerable period of time, and that the same has not been relatively high in drinking);

1. Social service order under Article 62-2 of the Criminal Act;