A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

On October 4, 2012, the Defendant was sentenced to a fine of KRW 2,50,00 to a crime of violating the Road Traffic Act (drinking driving) by the Cheongju District Court.

On September 22, 2020, the Defendant driven three cargo vehicles owned by the Defendant, while under the influence of alcohol leveling 0.151% in alcohol leveling to approximately 8 km from the trim of Cheongju-si to the front side of the entrance of Cheongju-si C in a considerable area of Cheongju-si, Cheongju-si, on September 22, 2020.

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. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and a report on the result of confirmation before and after the previous conviction (Attachment to a summary order);

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 to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment of the defendant inasmuch as the defendant committed the instant crime even though he/she had three previous convictions of the same drinking, including the previous conviction in the judgment.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and committed the instant crime against the mistake, and thus, did not repeat the crime; (b) both the previous convictions are fines; (c) alcohol concentration and driving distance in the instant blood transfusion; and (d) the Defendant’s age, sex behavior, and circumstances before and after the instant crime; and (c) all the sentencing conditions specified in the instant records and arguments, such as the circumstances before and after the instant crime, the sentence shall be