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 became final and conclusive.

Punishment of the crime

On June 15, 2011, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act from the Suwon District Court on the site of Pyeongtaek District, and on December 21, 2011, the Defendant received a summary order of a fine of two million won or more for the same crime in the same court.

Criminal facts

On July 28, 2019, at around 22:17, the Defendant driven a seeable car in D’s 1km section of approximately 0.046% of blood alcohol content from the front of Pyeongtaek-si apartment road to the front of the same city C.

Accordingly, the defendant violated the provision on prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for appraisal;

1. Report on the start of running a motor vehicle for driving on the motor vehicle;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same kind of force);

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. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that there is no record of punishment exceeding a fine; the fact that the instant crime is led to confession, reflect, and not re-offending; the fact that the blood alcohol concentration was not high and the distance of driving was shorter, etc.);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);