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

[Power of crime] The defendant has a record of driving like drinking in the same kind twice as he/she received a summary order of KRW 1.5 million for a crime of violating road traffic law at the Gangseo branch of the Chuncheon District Court on January 28, 2009, as well as two times.

[Criminal facts] On November 20, 2020, the Defendant driven a vehicle in E Spo-type under the influence of alcohol level of 0.104%, while under the influence of alcohol level of 0.104% on the front road of Gangnam-si C main office located in Gangnam-si B. The Defendant driven a vehicle in the direction of approximately 3km from the front road of Gangnam-si to the front road of Gangnam-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), and an investigation report (related to drinking alcohol);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of driving record of a suspect A), and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been already punished twice due to drinking driving, leading to the instant crime, etc., is disadvantageous to the defendant.

Considering the favorable circumstances, such as the defendant's age, sexual conduct, motive or circumstance of a crime, means and method of a crime, details and results of a crime, etc., the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's mistake is recognized, and there is no record of criminal punishment exceeding a fine due to drinking driving; and (b) the punishment shall be determined as ordered by taking into account