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 December 3, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 25, 2020, at around 23:20, the Defendant driven a motor vehicle with C low alcohol level of about 0.123% under the influence of alcohol level on the 3km section from around the road in Sejong Special Self-Governing City to the front road of the B apartment underground parking lot.

As a result, the defendant, despite the fact that the Road Traffic Act violated the prohibition of drinking driving, driven a car while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the crackdown on drinking-driving, the report on the circumstantial statement of a drinking-driving driver, the 112-report handling table, the ledger of using a drinking measuring instrument, the tea inquiry, the investigation report on the results of the crackdown on drinking-driving (on May 25, 2020), and the internal investigation report (on May 25, 2020), and the internal inspection report;

1. Previous convictions in judgment: The results of inquiry, the ordinary records of disposition, and the application of Acts and subordinate statutes reporting results;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, needs to be punished corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had been punished several times due to driving without a license for drinking alcohol, the Defendant was able to commit the instant crime and have a high possibility of criticism.

The distance of the defendant's driving is not short, and the blood alcohol level at the time of the crime is high, so the nature of the crime and the circumstances of the crime are not somewhat weak.

However, the defendant recognized the crime of this case and himself.