A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 23, 2007, the Defendant received a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in the same court on March 17, 2014, respectively.

On December 22, 2019, the Defendant: (a) around 20:47, 2019, the Defendant driven Crocketing vehicles with the blood alcohol concentration of about 0.138% at a 6km section from the front of the office of the Don-Eup in Man-si, Man-si to the front of the same city B, and violated the obligation of prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (Attachment to the same summary order);

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the accused has been punished three times for drunk driving even before sentencing.

Nevertheless, the crime of this case was committed while driving under the influence of 0.138% of the blood alcohol concentration in the second blood.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.