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

[criminal history] On March 7, 2014, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s Yongsan Branch on March 7, 2014. On March 15, 2016, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court’s navigation support.

[2] On September 15, 2020, the Defendant driven a DNA-type car under the influence of alcohol concentration of 0.126% while under the influence of alcohol level 0.126% in Jeju-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of the accident, reports on the circumstances of the driver taking the driving, investigation reports (report on the circumstances of the driver taking the driving the driving), and inquiry into the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize and reflects the defendant's mistake, the defendant's previous convictions are two times the criminal records of the same kind of fine, the degree of taking, the defendant's age, sex, criminal conduct, environment, means and result of the crime, and all the other factors of sentencing specified in the records and the theory of changes, such as the circumstances after the crime, etc., shall be determined as the sentence as above.