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 31, 2017, the defendant is a person who has been punished for drinking driving, such as being sentenced to a summary order of a fine of two million won for violating the Road Traffic Act, in an Ansan District Court's Ansan Branch on October 31, 2017.

On March 7, 2020, at around 18:45, the Defendant driven an Eflor vehicle under the influence of alcohol concentration of about 0.197% in the section of approximately 3km from the Do in front of the Magdong, Ansan-si B to the front road of the "D child care center" in the same Gu C.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. On-site photographs;

1. A report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, confirmation of criminal records of a suspect, application of one copy of judgment, and one copy of judgment;

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 Act on the stay of execution (the suspension of execution of a sentence shall be deferred at once, considering the fact that the number of years of imprisonment has passed since the same type of punishment is several times, and that there is no record of the suspension of execution due to drinking and drinking);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;