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] On May 11, 2012, the Defendant received a fine of five million won due to a violation of the Road Traffic Act (drinking) from the Suwon District Court on the grounds of a violation of the Road Traffic Act.

[2] On August 27, 2020, the Defendant driven a DNA-free car under the influence of alcohol at approximately 0.070% of alcohol level from around 300 meters from the Do in the name of the Chinese restaurant in Pyeongtaek-si B to the roads in front of the same city in the same city, even though he had a history of driving alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering