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 April 26, 2018, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 26, 2018.

【Criminal Facts】

On November 24, 2019, at around 18:35, the Defendant driven E Spo-type vehicles under the influence of alcohol concentration of about 100 meters from the bus parking lot in C, which is located in B, to the bus stops adjacent to the bus stops located in D, at the location of about 100 meters in the city of Pakistan.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driver involved in driving, investigation report, and notification of the results of crackdown on driving under influence of alcohol;

1. A inquiry report on criminal records, etc., reporting on the results of confirmation of past records of disposition, and application of Acts and subordinate statutes of a summary order;

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 reasons for sentencing under Article 62-2 of the Criminal Act include two times the Defendant was punished for drunk driving. In particular, even though the Defendant received a summary order due to drinking driving in 2018, he/she again committed the crime of drinking driving again for a period of one year and six months from the date he/she received the summary order.

The defendant's drinking value is very high.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The drinking driving did not inflict any damage on others.

There is no history that the defendant has been punished in excess of a fine.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.