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 November 26, 2014, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the credit branch of Suwon District Court on November 26, 2014.

On February 6, 2020, at around 21:24, the Defendant driven a D-wing and freight vehicle with approximately 100 meters section from the front day of Leecheon-si to the front road of the same city C, while under the influence of alcohol content of about 0.127%.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on the status of driving under drinking, and inquiry into the results of crackdown on drinking driving;

1. On-site 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 attend lectures was that the Defendant once driven alcohol again, despite three times of drinking driving skills, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking distance is relatively 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.