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 July 27, 2018, the Defendant was issued a summary order of a fine of three million won for the violation of the Road Traffic Act at the Suwon Housing Site Board.

【Criminal Facts】

On December 31, 2019, at around 02:40, the Defendant driven a era vehicle while under the influence of alcohol 0.126% of alcohol concentration from the front of the C Jong-si in Pyeongtaek-si B to the front of the D in the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and notification of the result of the drinking driving control;

1. The actual survey report on traffic accidents;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) comprehensively taking account of the circumstances surrounding the Defendant’s drunk driving, the criminal records of the Defendant, the age, character and conduct of the Defendant, and other factors of sentencing under Article 51 of the Criminal Code as stated in the records of the instant case