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 9, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the credit branch of Suwon District Court. On June 22, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same crime in the same court.

【Criminal Facts】

On January 24, 2020, at around 18:50, the Defendant driven a DNA car from approximately 400 meters away from the road near the B B bridge to the front road of the C in Innju City, while under the influence of alcohol of 0.180% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Road Traffic Act) and reporting on internal investigation (violation of the Road Traffic Act);

1. Notification of the results of the control of drinking driving, report on the situation of drinking drivers, investigation report (report on the situation of drinking drivers), and report on the status of drinking driving;

1. A detailed statement of 112 reported cases processing;

1. On-site photographs;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgments of the same kind of suspect);

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 probation and community service order was that the Defendant once driven a drinking alcohol again even though he had the record of drinking alcohol twice, and the degree of blood alcohol concentration at the time was very high.

However, the defendant's drinking distance is relatively short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.