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 January 24, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

[Criminal facts] The Defendant: (a) on October 8, 2020, 21:42 around 21:42, 2020, Dao-ri 2137, Dao-ri, Dao-ri, Incheon po

From the front of the mountain road in the vicinity of the king to the Republic of Korea:

Until before the end of the "Jace" zone, about about 20 meters had been driven by a BDs car with alcohol concentration of 0.21% during blood, and violated the prohibition of drinking at least twice in the state of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, hearing of witness's statements in the circumstances of the driver involved, hearing of telephone statements in relation to the place of crime, etc.;

1. Previous conviction: A written reply to inquiry, such as criminal history, (A) the application of Acts and subordinate statutes confirming the same criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: The defendant was punished as a fine by putting the same kind of crime, but is also driving in the state of drinking alcohol concentration of 0.211% during the long time, and taking into account the social harm of drinking driving and the purpose of strengthening the relevant penal provision, etc., the liability for the crime is not easy.

The favorable circumstances: The defendant recognizes the crime as a substitute.

The occurrence of a traffic accident has not occurred.

There shall be no electricity exceeding a fine.

Based on the above circumstances, the punishment as ordered shall be determined by taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.