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

[criminal history] On February 10, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court’s Branch Branch on February 10, 2017

[Criminal facts] On November 11, 2020, the Defendant driven a F Kanj vehicle at approximately 600 meters away from the cafeteria parking lot located in Daejeon Neong-gu B to the E-ray located in Daejeon Neong-gu D while under the influence of alcohol leveling to 0.135% of alcohol level during blood transfusion around 17:45.11.

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

Summary of Evidence

1. Before the defendant's legal statement G written statement is notified of the result of regulating the driving of drinking alcohol, a report on the circumstances of the driver placed at the State, and his/her judgment in the field of crackdown on drinking alcohol: The application of an inquiry letter, such as criminal history, and a summary order of approximately 306 high-level

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that imprisonment with prison labor for a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (one year but not more than two years and not more than six months, even if the sentence is mitigated);

The defendant has been sentenced to a fine due to drinking driving, including the previous criminal records written in the judgment, two times (2007, 2017, 2017).

Circumstances favorable to the defendant: A short distance was driven.

There is no criminal history subject to the suspended sentence of imprisonment or heavier punishment.

The crime of this case is recognized and reflected.

In addition, Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc.