A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[criminal history] On January 28, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on September 4, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the same court on September 4, 2013, and on October 21, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (drinking driving).

[2] On October 11, 2020, the Defendant driven a e-pubed vehicle under the influence of alcohol concentration of about 0.034% from a 300-meter section from the public parking lot in front of Dong-gu, Gyeonggi-si, Gyeonggi-do to the front road in the same Gu C from around 22:03 to D in the same Gu.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction in the judgment of a drinking-free meter, inquiry of the result of crackdown on drinking driving, a statement of the situation of the driver of the main driving, the ledger of driver's license, and the next inquiry: Application of Acts and subordinate statutes to inquire about an inquiry, such as criminal history, and confirmation of a same criminal record (including a copy of the attached summary order and the judgment);

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) regarding criminal facts and Articles 53 and 55(1)3 of the Criminal Act regarding mitigation of small amount of punishment (amended by imprisonment)

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed a second-hand driving crime, even though the Defendant was punished three times (2013, once 2015, once 2015) for a violation of the Road Traffic Act.

However, the facts that the defendant recognized the crime of this case, the alcohol level of the defendant's blood at the time of the crime is not high, and the defendant's driving distance is not driving the vehicle at the time of drinking, etc., shall be considered as favorable circumstances.

In addition, the age, occupation, sex and environment of the defendant, the means and results of the crime.