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 October 28, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Busan Branch Branch on October 28, 2016.

[Criminal facts] On November 7, 2020, the Defendant driven B 2, while under the influence of alcohol, from approximately 700 meters away from the 700-meter section to the front road of the funeral hall in the Kimhae-si, Kim Jong-si, Kim Jong-si, Kim Jong-si, in around 23:38, 2020 to about 0.062% of alcohol level.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of punishment by law: Imprisonment with labor for a period from one year to two years;

2. Determination of sentence: One year of imprisonment with prison labor and two years of suspended sentence [unfavorable circumstances] Defendant had a record of driving under drinking and having been punished, but was driving under the influence of alcohol again;

[The favorable circumstances] Defendant recognized a mistake, and there is no record of punishment other than the above fine.

Considering the above circumstances, various sentencing factors specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by the text.