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 record] On February 18, 2016, the Defendant received a disposition to forward juvenile protection cases due to a violation of road traffic laws at the Gangseo branch office of the Chuncheon District Public Prosecutor's Office.

[Criminal facts] On November 27, 2020, the Defendant driven a Fal-purged vehicle with approximately 300 meters alcohol concentration of 0.212% under the influence of alcohol around the C main point located in Gangnam-si B from around the road located in D to the front road in D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations 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, investigation report (report on the situation of the driver in charge of drinking), and statement of the situation of the driver in charge;

1. Records of crime: Application of a written inquiry about criminal history, such as inquiry about criminal history (A), investigation report (report on the same type of force), and written decision on transfer;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant’s mistake and seriously reflects the fact that the Defendant was found guilty; (b) the primary offender who has no record of criminal punishment; and (c) the distance of movement from drinking driving is relatively long; and (d) the Defendant’s age, sex, family environment; (b) the motive or circumstance of the offense; (c) the motive or circumstance of the offense; (d) the method and method of the offense; and (e) the method and consequence of the offense; and (e) the conditions for all the sentencing