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 history] On July 22, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court on July 22, 2013, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court on April 10, 2017.

[2] On October 10, 2020, Defendant 1 driven a diesel car with approximately 0.076% alcohol level in the 5km section from around 22:36 on October 22:36, 2020 to the intersection of the low-speed village located in the 811-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-car.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The third alcohol driver on the grounds of sentencing Article 62-2 of the Criminal Act and the amount of alcohol concentration during blood shall be taken into account.