A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 10, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating Road Traffic Act (drinking driving) in the Gwangju District Court’s net support on December 10, 201.

[2] On October 15, 2020, the Defendant driven an E-3 vehicle while under the influence of alcohol leveling 0.051% of alcohol leveling to approximately 40km from the roads in front of the Southern-gun, Chungcheongnam-gun to the roads in front of D in the Southern-gun, Chungcheongnam-gun, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution of Article 55(1)3 of the Act on the Mitigation of Small Quantity was that at the time of the instant case, the Defendant’s blood alcohol concentration was relatively low.

On the other hand, however, the defendant had been sentenced three times to a fine due to the same crime including the previous conviction before 2006, and the distance of the defendant's driving in the drinking condition was also set.

In addition, all the sentencing factors shown in the trial process of this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, shall be determined as ordered.