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 September 14, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch on September 14, 2012, and KRW 3 million as a fine for the same crime from the Chuncheon District Court on January 6, 2015, respectively.

【Criminal Facts】

Although the Defendant had a punishment force twice as above, around 04:20 on January 1, 2020, the Defendant driven a Bstoke vehicle while under the influence of alcohol concentration of 0.048%, and proceeded with approximately 1.8 km from Pyeongtaek-si Cro to D in the same direction.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The application of Acts and subordinate statutes on criminal records, references to criminal records, previous dispositions, reports on results of confirmation, and copies of each summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, and environment, such as drinking water in this case, the repeated criminal records of the Defendant, and other various sentencing conditions indicated in the records of this case.