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 1, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On April 18, 2020, at around 18:27, the Defendant driven a motor vehicle with fluent alcohol level of about 500 meters from C in Seongbuk-gu, Sungnam-si to E in Sungnam-si, the Defendant driven a motor vehicle under the influence of alcohol level of about 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records as stated in the report on the state of the drinking driver, the report on the state of the drinking driver, the report on the control of the drinking driving, the field photograph, the driver’s license register, the chassis, the mandatory insurance association, the status of the drinking driver: The application of criminal records, the investigation report, and the summary order under statutes; and

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 the fact that the defendant was punished for drunk driving before two years have passed since he was punished for drunk driving, the fact that blood alcohol concentration is high, the fact that the defendant recognizes and reflects the crime, and other circumstances revealed in the pleadings of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances revealed in the arguments of this case, and the sentencing conditions under Article 51 of the Criminal Act