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 February 21, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court closely supporting the Defendant.

[2] On October 10, 2020, the Defendant driven the ECA1105 Mababa while under the influence of alcohol content of approximately 0.110% from around 100 meters to around 100 meters from the Do in front of the sports park located in B, not around 00:15 to around 30 meters.

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. Inquiries about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, statement of the circumstances of the driver of drinking, and investigation report (report on the circumstances of the driver of drinking);

1. Criminal history: Inquiry about criminal history, reporting of the past conviction of the disposition, and the application of statutes of the judgment;

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

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., alcohol concentration in blood and multiple kinds of criminal records) of the Act on the Reduction of Small Quantity but the crime is not committed in depth, and there is a little difference in the degree of danger likely to occur due to an accident in comparison with the vehicle driving case due to the vehicle driving case.

In addition, the sentencing conditions specified in the records and arguments of this case shall be taken into consideration.

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act to provide community service and attend lectures;