A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On May 23, 2017, the Defendant issued a summary order of a fine of four million won at the Jeonju District Court for the crime of violation of the Road Traffic Act.

Nevertheless, at around 00:55 on May 30, 2020, the Defendant driven CM5 car under the influence of alcohol leveling 0.186% from the 20km section of approximately 20km from the roads adjacent to the CM5, Seojin-gu, Seoul, Seoul, to the roads adjacent to the CM5.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Criminal records as stated in the defendant's legal statement, notice of the results of the influence of drinking alcohol driving and the statement on the circumstances of a drinking driver: Application of Acts and subordinate statutes to inquiry reports and investigation reports (reports filed with the previous and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the court shall sentence the same as the order in consideration of various sentencing conditions shown in the trial process, including the defendant's age, character and behavior, the environment, and the situation at the time of the crime of drunk driving as indicated in the judgment (the circumstance where the defendant's driver's vehicle was confirmed to drive a vehicle while leaving the train line, and the driver's vehicle was discovered by the police officer dispatched to the site), the defendant's age, character and behavior, the environment, and the circumstances after the crime (including reflective attitude).