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

[criminal history] On January 14, 201, the Defendant was notified of a summary order of a fine of KRW 2.5 million on the grounds of a violation of road traffic law (driving) at the Suwon Friwon method.

[Criminal facts] On December 10, 2020, the Defendant driven Efranchising car under the influence of alcohol content of 0.118% from the “C” parking lot located in Seo-gu, Seo-gu, Seo-gu, Incheon to approximately 40 meters from the “C” parking lot located in Seo-gu, Seo-gu, Seoul to the front roads of the same Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. An explanatory note on the crackdown;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended execution.

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for each crime in each judgment; and

3. The driving of a sentence under the influence of alcohol is a crime in which not only the person himself but also another person's life can be taken, and is highly dangerous.

The defendant, as stated in the ruling, is punished for driving under drinking, but is again driving under drinking, and the liability for such crime is not somewhat weak.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The alcohol concentration in blood is not so high.

A short distance from driving a vehicle, such as driving for parking, is relatively low, and the risk is relatively low.

In addition, the defendant's age, sex, environment, motive and background leading to the crime, method and attitude of the crime, and circumstances before and after the crime, etc. shall be determined by taking into account various circumstances shown in the arguments in this case, such as the defendant's age, sex, and environment.