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

[criminal power] On November 24, 2006, the defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Youngju District Court's Youngdong Branch on November 24, 2006, and a summary order of KRW 2 million for the same crime in the same court on September 23, 2008.

【Criminal Facts】

On August 14, 2020, at around 14:50, the Defendant driven a e-learning car under the influence of alcohol content of about 0.069% from the 5km section from the Do in front of the C cafeteria in the Chungcheongbuk-gun B to the roads in front of the same Do.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statements, circumstantial statements, and references to criminal records of each summary order, such as notification of the result of crackdown on drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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 was that the Defendant had been punished several times due to drinking driving, including the previous conviction in the judgment by up to 2008, but the Defendant again committed the crime of this case, and the nature of the crime is not weak.

However, in full view of the following circumstances: (a) the Defendant repented the Defendant’s wrongness; (b) disposed of the vehicle by himself to block the opportunity to repeat a crime; (c) the spouse was capable of leading to the nursing of the spouse in the future; (d) the spouse did not repeat for about 12 years since 2008; (c) the blood alcohol concentration and driving distance; (d) the traffic accident was not caused; and (e) the sentencing conditions specified in the records and arguments of the instant case, including the Defendant’s age, character and conduct, and the circumstances before and after the crime