A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On January 28, 2015, the Defendant received a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch, and on January 7, 2016, the Defendant received a summary order of KRW 8 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】 On June 13, 2020, at around 03:20 on June 13, 2020, the Defendant driven a rocketing car under the influence of alcohol content of about 0.03% from the 1km section from the roads before the Ki Government-si Village B to the Ki Government-si D Bus bus stops.

As a result, the Defendant again driven a motor vehicle while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, investigation report (report on the circumstances of the driver), 112 report, investigation report (in the case of telephone conversations with the suspect's identity), details of suspect mobile phone use, investigation report (in the case of the application of the Ba mark formula), and investigation report (in the case of the application of the

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (verification of criminal records of the same kind), and copies of summary orders;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, on or around 2015 and around 2016, committed the instant crime even though he/she had been punished for the violation of the Road Traffic Act (driving).

It shall be taken into account that the blood alcohol concentration at the time of drinking driving is calculated as 0.033%, and that the defendant does not commit a second offense.

The age, character and conduct, family relationship, and family relationship of the defendant.