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 April 18, 2016, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court on April 18, 2016.

On February 7, 2020, the Defendant, while under the influence of alcohol with 0.186% of blood alcohol concentration on February 22, 2020, driven a FM7 car from approximately KRW 200 meters to the front road of “E” located in G in the same group D.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the status of a driver), report on the state of a drinking driver, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Photographs;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (attached to a summary order of the same kind of power), and application of Acts and subordinate statutes governing the 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 of Article 62-2 of the Criminal Act on probation, community service and lecture attendance order was that the Defendant once driven alcohol again even three times, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking driving distance is short.

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.