A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 12, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on August 16, 2018, respectively.

On August 14, 2019, at least 23:45, the Defendant violated the duty of prohibition of drinking driving by driving a DNA motor vehicle with a blood alcohol concentration of about 0.146% under the influence of alcohol at least twice in a section equivalent to about 70 meters from the front of the Namyang-si, the Namyang-si to the front of the Gyeonggi-si, the Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Reports on internal affairs (the application of the Radmark formula);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same 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. 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 Code of the community service order and the defendant has been punished for drunk driving even before.

Nevertheless, the crime of this case was committed while driving under the influence of 0.146% of the blood alcohol concentration in the second blood.

The defendant tried to actively conceal the drinking driving by stopping the vehicle in front of the control point of drinking driving, and purchasing alcohol at the nearby convenience point.

However, the fact that the defendant's criminal act is against the defendant and the majority of the defendants want to take into account the circumstances favorable to the fact that social ties seems clear, such as the fact that the defendant's criminal act is against the defendant, and the defendant's wife want

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.