1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[Criminal Power] On May 10, 2016, the Defendant was sentenced to a fine of KRW 3 million by the General Military Court of the Second Military Station of the Navy on the ground of a violation of the Road Traffic Act.

【Criminal Facts】

On July 14, 2020: (a) around 00:37, the Defendant driven a DNA car while under the influence of alcohol with approximately 3.2 km alcohol concentration of about 0.147% from the 3.2km section to the “C” road located in the same Si-si Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (Attachment to judgments), and application of Acts and subordinate statutes of one written judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2016, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

In addition, measured blood alcohol concentration was 0.147% and it was difficult to drive normally.

(A) The Defendant, while driving under the influence of alcohol, was set to the police officer, who was diving in the vehicle and was called after the police officer, was aware of the driving under the influence of alcohol. However, the Defendant’s attitude to recognize and reflect all the crimes, considering the character, character, age, motive and background of the Defendant, circumstances after the crime, blood alcohol concentration after the crime, and the time interval with the previous driving under the influence of alcohol, etc., the sentence identical to the order shall be determined

It is so decided as per Disposition for the above reasons.