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 15, 2010, the Defendant received a summary order of KRW 1 million as a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million as a fine in the same court on December 10, 2012.

At around 22:20 on August 10, 2020, the Defendant driven a DM5 vehicle from “C” restaurant located in Ulsannam-gu B to the Taecheon-si, the same new town located in the same Gu, under the influence of alcohol content of about 5.4 km at approximately 0.122% of alcohol content.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in Part II of the summary order, such as inquiry into the result of crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, and 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 punishment as ordered shall be determined in consideration of all the circumstances indicated in the records, such as the circumstances under the reason for sentencing under Article 62-2 of the Criminal Act, the age, character and conduct, environment of the defendant, and circumstances after the crime;

Unfavorable circumstances: The circumstances that have the same criminal records and two times, the circumstances that are favorable to the high drinking water: one's mistake and reflects his mistake, and there is no previous criminal records exceeding the fine.