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 October 27, 2006, the defendant received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) from the Suwon District Court's Ansan Branch on October 27, 2006, and on April 30, 2007, the same court received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 11, 2020, the Defendant, while under the influence of alcohol of 0.106% of blood alcohol concentration at around 01:08, driving a DNA Poter vehicle at approximately 1 km from around the B market in Silung City to the front road in Silung City.

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. The circumstantial statement of a drinking driver, the results of crackdown on drinking driving, and the output thereof;

1. A report on investigation;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and 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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.