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

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On October 11, 2006, the Defendant issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act at the Chuncheon District Court (see, e.g., the evidence record No. 49). On April 7, 2016 (see, e.g., the evidence record No. 52), the Defendant was also issued a summary order of KRW 1,50,000 for the same crime in the same court.

(Evidence) On December 15, 2019, the Defendant was under the influence of alcohol level of 0.151% (see, e.g., evidence record No. 22), around 22:00 on December 15, 2019 (see, e.g., Supreme Court Decision 400m from the front side of the “C” to the front side of D 40m from the front side of the “C” to the front side of D.

(See Evidence No. 17, 55) Summary of the Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, previous records, and the application of Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture again commits the instant crime even though the Defendant was punished by the previous summary order on two occasions after driving under the influence of alcohol, and the occurrence of a traffic accident causing physical damage while driving under the influence of alcohol in the instant case (see, e.g., the fourth page of the evidence record), and it is difficult to view that the level of drinking alcohol in the instant case is low.