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 December 14, 2007, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 1,500,000 for the same crime from the Gyeyang Branch of Suwon District Court on April 15, 2013.

【Criminal Facts】

On April 28, 2020, the Defendant driven a Doz E300-car while under the influence of alcohol content of approximately 0.130% from the 100-meter section from the front of the Gu to the front of the C, Ansan-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. Statement of the status of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and Acts and subordinate 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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. The defendant, who was sentenced to a sentence, once again driven under drinking, even though he had a record of fine three times due to drinking driving.

However, the sentence shall be determined as ordered by considering the fact that the court recognizes errors and all the sentencing conditions shown in the records.