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 November 1, 2016, the Defendant was issued a summary order of a fine of KRW 4 million at the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts】

On May 4, 2020, at around 23:05, the Defendant driven a D low-speed car in the state of alcohol with approximately 2 km alcohol concentration of about 0.175% from the front road of Pyeongtaek-si District Court 1036 Suwon District Court to the front road of the same city B apartment C-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Inquiry of materials about foreign crimes and investigation experience, investigation report (verification of suspect's records of drinking and driving without a license) - Application of summary order-related Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished by a fine due to drunk driving in 2016.

The drinking alcohol level of the drinking driving is considerably high, and the driving distance is also reasonable.

The liability for the crime is not easy.

However, the sentencing factors such as the defendant's age, character and conduct, environment, and circumstances after the crime, including the fact that the defendant is against the mistake and that there is no other punishment force in addition to the two fines, shall be determined as ordered.