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] The Defendant had a record of receiving a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support of the Suwon Frigwon on August 14, 2019.

[Criminal facts] On August 19, 2020, the Defendant driven a car with C highest typ in a section of about 16 km to the front road of the building located in Siung-gu, Incheon, in a state of alcohol concentration of 0.177% among blood transfusion around 01:00.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Examination of the defendant's legal statement report on the situation of the driver placed in the state and the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The sentence of the above Article 62-2(1) of the Criminal Act is determined by comprehensively taking account of the following circumstances: the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., as well as the conditions of sentencing as shown in the pleadings.

Unfavorable circumstances: The degree of alcohol level in blood is high 0.177%, and the conditions favorable to the point that drinking once a year is sentenced to criminal punishment due to drinking driving: The defendant reflects the depth of the defendant, and there is no record of criminal punishment except for the previous conviction in the judgment.