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 April 1, 2015, the defendant was issued a summary order of 700,000 won for a fine for violation of the Road Traffic Act in the Gyeyang Branch of Suwon District Court on April 1, 2015.

Nevertheless, on January 2, 2020, the Defendant driven DK 3 vehicles registered in his/her own name from approximately 50 meters from the alley to the front road of convenience stores located in the same Gu, under the influence of alcohol level of 0.116% of blood alcohol level around 03:48, the Defendant was under the influence of alcohol level of 0.16%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, 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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.