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 August 10, 2007, the Defendant was issued a summary order of KRW 2 million as a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on August 10, 2007. On March 29, 201, the same court issued a summary order of KRW 5 million (refluence of the measurement of drinking alcohol) by the same violation of the Road Traffic Act.

【Criminal Facts】

On March 31, 2020, at around 01:01, the Defendant driven a Fdisty car in the state of alcohol alcohol concentration of about 0.196% from the 1km section to the Do apartment E-dong parking lot of the same city from the Damcheon-si, E-dong parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the status of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 of Article 62-2 of the Criminal Act on probation and order to provide community service and order to attend a lecture again, despite the fact that the Defendant had four times a record of drinking driving or refusing to measure drinking, and at the time, the alcohol concentration in blood was considerably high.

However, although the defendant tried to use a substitute driving at the time of the instant case, he seems to have been driving due to the failure of a substitute engineer to arrive, the section of drinking driving is relatively short, and the power of drinking driving is nine years prior to all.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.