A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 2, 2018, the Defendant was ordered to take a summary order of KRW 5 million as a violation of road traffic law (drinking driving) at the Seoul Western District Court (Seoul Western District Court).

[Criminal facts] On November 29, 2020, the Defendant driven an E Podi vehicle under the influence of alcohol level of about 0.125% during blood while under the influence of alcohol level of about 500 meters from the roads in front of the Daejeon Seo-gu building B, Daejeon, to the DNN distance in the same Gu C from around 500 meters.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver who takes the main driver, the notification of the result of crackdown on drinking driving, the notification of the case processing table 112, and the previous records in the control site photograph (Chapter IV): The inquiry letter, such as criminal history, and the application of

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 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that imprisonment with prison labor for a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (one year but not more than two years and not more than six months, even if the sentence is mitigated);

The defendant is punished once by a fine due to drinking, such as the record of the crime in the judgment.

Circumstances favorable to the defendant: There is no record of crime subject to punishment heavier than the suspension of imprisonment.

The crime of this case is recognized and reflected.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.