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 14, 2008, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on February 12, 2015, the same court issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act.

Around 23:40 on May 28, 2020, the Defendant driven D K3 cars while under the influence of alcohol with about 30 meters alcohol concentration of about 0.152% from the 30-meter section from the front of the Manan-gu Mang-si B to the front of the same Gu C.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the driving of a drinking driver, investigation report, circumstantial statement of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect records), and application of two copies of summary order Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of punishment under law] 1 year or 2 years or 6 months [the sentence of sentence] imprisonment, one year or 2 years or 2 years or more, or two years or more of suspended execution, despite the fact of having been sentenced to a fine due to the crime of violating the Road Traffic Act (driving) as stated in the first head of the crime in the judgment, the Defendant re-driving. At the time of the crime in this case, the Defendant’s blood alcohol concentration level at the time of the crime in this case is 0.152%; however, there are other circumstances to consider the circumstances in which the Defendant was driven under the influence of alcohol; the Defendant’s age, character and behavior, environment, circumstances leading to the crime, and circumstances before and after the crime shall be determined as