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 February 21, 2012, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court on February 21, 2012. On June 30, 2014, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

【Criminal Facts】

Although the Defendant had the record of the violation of drinking alcohol driving, the Defendant driven C Kani vehicle under the influence of alcohol with approximately 0.185% alcohol concentration from the front parking lot of the public health clinic located in Sinsi-dong, Sinri-si to the front road of Sinri-si, Sinri-si from about 1km to B before Sinri-si, at around December 15:25, 2019.

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. Report on the circumstantial statements of a drinking driver, and a drinking-free driver;

1. On-site detection photographs;

1. Previous convictions indicated: Criminal records and other inquiries, references, undispositions, reports on results of confirmation, and application of Acts and subordinate statutes of a 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) two recent years of drinking driving skills; and (b) blood alcohol concentration is high; (c) however, the driving distance is not long; (d) the Defendant’s family relation; and (e) the motive for committing the crime (e) the Defendant’s motive for driving as his/her agent did not go, and (e) the punishment is determined by comprehensively taking account of all the circumstances