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 January 24, 2019, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

On January 17, 2020, at around 22:40, the Defendant driven D SP car at a distance of about 1.3 km from the front of the shooting distance to C in front of the front road located in Guang City, while under the influence of alcohol of 0.150% of blood alcohol level.

Accordingly, the defendant has 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 circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Photographs (related to the driving of sound);

1. Previous convictions in judgment: Criminal records, investigation reports (verification of sound driving records), and application of summary order-related 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(1) of the Criminal Act on probation, community service, and order to attend a lecture [the scope of applicable sentences under law] Imprisonment with prison labor for one year or two years and six months [the sentence of sentence], and one year under the suspension of execution and two years under the suspension of execution, as stated in the first criminal facts in the judgment, the Defendant re-driving a motor vehicle even though he had a record of being sentenced to a fine of five million won due to a violation of the Road Traffic Act (Food Driving) even in 2019. At the time of the instant crime, considering that the Defendant’s level of blood alcohol concentration measured by the Defendant is very high to 0.150% at the time of the instant crime, the Defendant’s mistake is recognized and considering the circumstances favorable to the Defendant.

The age, character and conduct, environment, and crime of the defendant.