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

[criminal history] On June 9, 2015, the Defendant was sentenced to a fine of KRW 5 million by the ordinary military court of the Army 15th Army, as a crime of violating the Road Traffic Act.

[2] On September 7, 2020, at around 03:35, the Defendant driven a motor vehicle owned by the Defendant under the influence of alcohol 0.313% alcohol level from approximately 500 meters away from the front of the “C” coffee shop to the front road of the “E” located in Namwon-si D, Namwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. A yellow survey report, on-site photograph, and photographs immediately after an accident;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the grounds for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity (hereinafter “the grounds for sentencing”)

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for sentencing”), whichever is favorable, is considered as follows.

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for a year and two months, suspension of execution for a period of two years, taking into account the following circumstances, and taking into account the defendant's age, sex, environment, motive for committing a crime, distance of driving under influence, and circumstances after committing a crime, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the arguments in the

[Unfavorable circumstances] The driving of drinking is likely to cause serious damage to another person's life, body, or property, and there is a need to strictly punish such a crime.

Although the defendant had been punished for the same crime, he also committed the crime of this case.

At the time of the crime of this case, the alcohol concentration among the blood of the defendant was very high, and the defendant is divided into the center of the road.