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 October 30, 2018, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act from the Jung-gu District Court.

On January 8, 2020, at around 04:03, the Defendant driven a motor vehicle with low alcohol level of about 0.053% while under the influence of alcohol in the 3km section from the 3km section to the front road of the same city apartment, located in the Ganwon-Eup, Namyang-si.

As a result, the Defendant driven a motor vehicle in violation of the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for driving a motor vehicle under the influence of alcohol level 0.079% under the influence of alcohol level in 2018.

Nevertheless, the second offense was committed on January 8, 2020.

The punishment shall be determined as ordered by comprehensively taking into account the following circumstances, such as the distance with the previous penal force as above, the blood alcohol level of the defendant, the age and character of the defendant, family relation, the motive and means of the crime, and the circumstances after the crime.