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 September 2, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

On October 6, 2019, at around 08:40, the Defendant driven a D low-speed car from the 5km section to C in the same city and in the same city, from the 20-distance road located in the Mangyan-gu Mannan-gu Mann-gu Mann-gu Mann-si 0% of alcohol level to 0.075% of alcohol level.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, report on the circumstances of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Vehicle photographs, blackboxes video CDs;

1. Each report on investigation;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and copies of summary order Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act / [Scope of the sentence of punishment by law] The sentence of imprisonment with prison labor for one year or two years or six months / imprisonment with prison labor for one year or two years or more / suspended execution, and the defendant with prison labor for two years or more as stated in the first head of the crime in the judgment of the court below, is making efforts not to prevent re-offending, such as the defendant's criminal records and the situation where the defendant's criminal records were prevented while driving in the night at night, and the situation where the crime in this case occurred while driving in night at night during a night time, and selling vehicles, etc.