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 October 20, 2006, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act, etc. at an Ansan District Court’s Ansan Branch, and on November 22, 2011, the Defendant issued a summary order of KRW 4 million for the same crime, etc. at the same court.

On February 20, 2020, at around 17:55, the Defendant driven an Epoter II cargo vehicle from the front side of the road located in Ansan-gu, Ansan-gu, 0.122% of blood alcohol concentration, from around 200 meters to the front road of the same Gu.

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. Report on the circumstantial statement of a drinking driver, notification on the results of the drinking-driving control, and photograph of a vehicle with measured record;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of drinking driving), and application of Acts and subordinate statutes governing summary orders;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty: Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the same type of force, but is not the last one, but not the punishment exceeding the fine. It is against the nature and health of the defendant, and is not good. In addition to the fact that the defendant's age, character and conduct, family relationship, circumstances before and after the crime, etc. are considered);

1. An order to attend a compliance driving lecture to comply with Article 62-2 of the Criminal Act (a community service order shall not be added, considering that community service is somewhat impracticable to perform when considering the state of health);