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 October 31, 2016, the Defendant was issued a summary order of KRW 2 million by a fine of KRW 2 million at the Suwon District Court’s Eunpyeong District Court as a crime of violating road traffic laws.

[Criminal facts] On July 1, 2020, the Defendant driven a dson car while under influence of about 50 meters alcohol concentration of about 0.120% from the 50m section before Pyeongtaek-si B to the front road of the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

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. 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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

Unfavorable circumstances: The circumstances that are advantageous to the fact that the driving of drinking has been repeated after being sentenced to a fine twice due to the driving of drinking: The fact that the driving distance is not long, there is no circumstance that the risks due to the driving are realized due to the fact that the driving of drinking has been discovered, and there are some circumstances that can be taken into account in the course of driving.