A defendant shall be punished by imprisonment for a term of one year and two months.

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 11, 2007, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Suwon District Court’s Ansan Branch, and a summary order of KRW 5 million for the same crime from the Gyeyang Branch of the Suwon District Court on July 2, 2015.

On September 5, 2020, at around 04:45, the Defendant driven a vehicle with low alcohol level of 0.074%, from around 16 km section to the 16 km-gu in Ansan-si apartment Bag-gu, Ansan-si, Ansan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, results of pulmonology measurement, and site photographs of notification results of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession and considering favorable circumstances, such as the fact that there was no record of punishment exceeding the fine);

1. An order to provide community service and to attend a compliance lecture under Article 62-2 of the Criminal Act;