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, 2008, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site.

Although the Defendant was punished for a violation of the Road Traffic Act as above, at around 11:29 on May 24, 2020, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.050% from a section of about 10 meters from the parking lot in Seo-gu, Seoan-gu, Seoan City to the front side of the entrance of the C market in Seoan-gu, Seoan-gu, Seoan-gu, Yan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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 suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;