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 February 14, 201, the Defendant received a summary order of KRW 1,50,000,000 as a crime of violating road traffic law at the Gangseo branch court of the Chuncheon District Court.

[Criminal facts] On November 10, 2020, the Defendant driven a Fland knife under the influence of alcohol level of 0.093%, while under the influence of alcohol level of 0.093%, from the street in front of 'C' to 'E in Gangnam-si D', to the road in front of 'E' in Gangnam-si.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, a statement of the situation of the driver of drinking alcohol, an investigation report (report on the situation of the driver of drinking alcohol), and an investigation report (Attachment to relevant photographs);

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (verification of driving record of a suspect A), and statutes;

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 conditions favorable to the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a record of being punished for driving under drinking, he/she again constitutes the crime of this case, the circumstances and the nature of the crime shall not be that of the crime.

Considering the fact that the defendant recognized his mistake and reflects the fact that there is no record of criminal punishment exceeding the fine, etc., the punishment as ordered shall be determined by taking into account the favorable circumstances, taking into account the defendant's age, sex, family environment, motive or circumstance of the crime, means and method of the crime, contents and result, circumstances after the crime, etc.