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 November 2, 2016, the Defendant was issued a summary order of a fine of KRW 4 million at the Suwon District Court on the ground of a violation of the Road Traffic Act (driving on Drinking Water).

【Criminal Facts】

On May 3, 2020, at around 04:45, the Defendant driven a Erodial car with approximately KRW 500 meters alcohol concentration of about 0.094% while under the influence of alcohol from the C adjacent to Pyeongtaek-si B to the front road of Pyeongtaek-si D.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Notification of the result of crackdown on drinking driving;

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

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. shall be determined as ordered by comprehensively taking into account all the sentencing factors shown in the pleadings of the instant case, including the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive for the crime, means and consequence of the crime, and the circumstances after the crime.

The circumstances that are disadvantageous: The circumstances that recognize the crime and reflects the fact that the person has been subject to a fine twice due to the drinking driving, even though he/she has already been subject to a fine: The fact that the person has been exposed to the simple drinking control, and there is no circumstance that the risk of driving is realized.