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 14, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court Goyang branch on December 14, 2010, and a summary order of KRW 2.5 million for the same crime at the same court on September 13, 2012, respectively.

【Criminal Facts】

On January 10, 2020, at around 23:20, the Defendant driven an Eststren vehicle while under the influence of alcohol content of about 0.054% in a section of about 500 meters from the road near the C, which is located in Pakistan B, to the day before the hotel in the same city.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the following factors: (a) the Defendant stated that all the charges are recognized and against the Defendant; (b) the Defendant has no sentence; (c) there are circumstances after having been given relevant education and medical treatment; (d) the parents of old age who are not good in health conditions to be supported; and (e) two children, etc.; (b) considering the circumstances favorable to the Defendant; and (c) taking into account the following factors: the Defendant’s age, character and conduct, health conditions; and (d) the means and consequence of the instant crime, etc., the punishment shall be determined