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 May 13, 2014, the Defendant was issued a summary order of a fine of KRW 4 million for the violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch.

On September 25, 2020, at around 01:29, the Defendant driven Cenz E300 cars at the section of about 10 meters under the influence of alcohol concentration of about 0.185% at a bridged parking lot in Pyeongtaek-gun, Gyeonggi-do.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Notification of the results of drinking control;

1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the summary order;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.