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 January 8, 2010, the Defendant was issued a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Suwon District Court, and on January 8, 2016, a summary order of KRW 2 million with the same crime from the Suwon District Court’s Pyeongtaek District Court’s site to the same crime.

【Criminal Facts】

On July 8, 2019, at least 18:30 on July 8, 2019, the Defendant, who had driven a motor vehicle under the influence of alcohol with approximately 60km alcohol concentration of about 0.108% from the front side of Pyeongtaek-si B to the front road of Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report (with respect to the application of the Madmark);

1. Previous convictions in judgment: Application of criminal records and investigation reports, and Acts and subordinate statutes;

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 Defendant committed the instant crime even though he/she had the record of being punished for the same kind of crime in sentencing Article 62-2 of the Criminal Act.

However, in comprehensive consideration of the fact that the defendant reflects his mistake in depth, the degree of blood alcohol concentration of the defendant, the distance from driving, the degree of punishment exceeding the fine, the age, character and conduct, the environment of the defendant, the circumstances leading to the crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered.