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 of the final judgment.

Punishment of the crime

On April 13, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Suwon District Court’s Ansan Branch on April 13, 2012, and on February 12, 2013, the Defendant issued a summary order of KRW 8 million for the same crime in the same court.

On April 16, 2020, at around 20:30, the Defendant driven a three-wheeled vehicle under the influence of alcohol concentration of about 14km from the 14km section to the road in front of the Yak-gu in Ansan-si, Gyeonggi-si, the Sinsan-si.

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

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident (1), (2);

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and 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. Social service order under Article 62-2 of the Criminal Act;