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 January 2, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 2.5 million as a fine in the same court on December 4, 2009.

【Criminal Facts】

On January 17, 2020, at around 22:50, the Defendant driven a DMW car in the state of alcohol alcohol concentration of about 0.113% from the section of approximately 250 meters, from the area near Suwon-si B to the front road of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The blood alcohol concentration recorded paper;

1. Previous convictions indicated in its ruling: Criminal history records, reply reports (A), investigation reports (verification of the same type of force), and application of Acts and subordinate statutes of two copies of summary orders;

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 under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has the history of being punished twice or for drinking, and since June 25, 2019, the penal provision for drinking driving was strengthened, and the Defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for severe punishment in that the blood alcohol concentration at the time of drinking driving is relatively high.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, there is no record that the defendant has been punished for the suspension of execution or more for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.