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

On February 19, 2009, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon method, and a summary order of KRW 2 million as a fine for the same crime at the same court on April 7, 2015.

On July 30, 2020, the Defendant driven a FK3 vehicle under the influence of alcohol 0.062% in blood alcohol content from approximately 2km section from the front of the alcohol house in the vicinity C in Seongbuk-gu, Seongbuk-si, Sungnam-si, to the front of the E in front of the area D located in Sungnam-si, Sungnam-si.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on the driving of alcohol, the driver's license ledger, and making an inquiry into

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2(1) and 44(1) of the Road Traffic Act concerning facts constituting an offense, as well as Articles 53 and 55(1)3 of the Criminal Act to reduce the small amount of punishment (the choice of imprisonment)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense; (b) the driving volume of drinking is not high; (c) the necessity of driving alcohol and the necessity of punishment; (d) the fact that there are no other criminal records other than the fine imposed by driving alcohol as indicated in the judgment by the defendant; and (e) the circumstances shown in the arguments of this case, such as the defendant’s age, sexual behavior, environment, motive, means and consequence of the offense; and (e) the sentencing conditions stipulated in Article 51