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 September 30, 201, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan branch on September 30, 201, a fine of four million won due to the same crime in the same court on June 10, 2013, and a fine of six million won due to the same crime in the same court on September 13, 2013.

On May 13, 2020, at around 22:27, the Defendant driven B Poter Cargo Vehicles from the vicinity of the Sinsan-dong to the sports park located in Sinsi-dong, Ansan-si, under the influence of alcohol by 0.058% of alcohol content.

After all, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the circumstantial statement of a drinking driver, report on the situation of drinking driving, data recording of a drinking measuring instrument, inquiry into the results of the control of drinking driving, and report on the investigation of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to investigation reports (Attachment to summary orders of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service, and order to attend a lecture [the scope of punishment under law] One year to two years and six months (the decision of sentence] imprisonment; one year to one year; and two years of suspended execution, as stated in the first head of the crime in the judgment, the defendant, even though he had been sentenced three times to a summary order of a violation of the Road Traffic Act, needs to re-driving and be subject to the corresponding punishment. Meanwhile, at the time of the crime in this case, the defendant's blood alcohol concentration level is 0.058%, and the defendant's age, character, environment, circumstances of the crime, and circumstances before and after the crime in this case are considered as a whole.