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

On July 4, 2016, the Defendant received a summary order of KRW 2 million from the general military court of the training flight team due to a violation of the Road Traffic Act.

On July 1, 2019, at around 01:10, the Defendant driven a eben C220 vehicle in an under the influence of alcohol concentration of 0.053% in an influent section from the place of influence B to the front of D located in C.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Requests for examination;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal history records, investigation reports (suspects' criminal records), one copy of judgment, and one copy of confirmation of judgment shall be applied;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was under the influence of drinking, even though he had the ability to punish a fine once due to drinking driving in 2016.

However, the defendant reflects on the crime.

In the past, all of the past crimes such as drinking power and this crime exceeds 0.05% significantly, and the state of drinking is relatively weak.

There is no criminal force other than the above drinking prior to drinking.

The main figures of the defendant want to be the wife of the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.