A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Punishment of the crime

On November 1, 2007, the Defendant was sentenced to 8 months of imprisonment, 2 years of suspended execution, and probation due to a violation of the Road Traffic Act, etc. in the Suwon District Court's Ansan Branch, and 160 hours of community service order. On March 2, 2015, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch, from March 2, 2015.

1. Around 13:40 on January 3, 2020, the Defendant driven a Chand vehicle while under influence of alcohol with approximately 5km alcohol concentration of about 0.073% at the section of approximately 5km from the Do in front of the Namdong-gu Incheon Nam-gu B apartment to the 10th class of the same Gupo-ro in front of the 10th class.

2. The Defendant violated the Road Traffic Act: (a) while driving a vehicle at will because of the likelihood of being punished for drunk driving at the time and place of the crackdown on drunk driving; and (b) while driving the vehicle at will, in order to avoid the police’s trend, repeated actions such as traffic signal violations and speed violations and repeated actions to cause danger to traffic.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of statutes, such as judgment;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraphs 1 and 3 of Article 151-2 and Article 46-3 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. The prevention of recidivism of a criminal defendant in consideration of his/her past record of probation and order to provide community service and attend lectures, and the risk of committing a crime of clibbrance after drinking of this case;