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 10, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Suwon District Court’s Ansan Branch as well as a summary order of KRW 5 million for the same crime at the same court around January 8, 2015.

【Criminal Facts】

On August 1, 2020, at around 01:22, the Defendant driven a car owned by the Defendant at approximately 5km from the front day of the Cpsying point in Ansan-si to the front road of the E Won-gu, Ansan-si, Nowon-gu, Nowon-si, in a state of alcohol with a blood alcohol concentration of 0.136%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, records of drinking measurements, and notification of the results of the regulation of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.