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

On April 5, 2016, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam-gu Friwon method.

On September 25, 2020, the Defendant driven a Drosch Rexroth under the influence of alcohol concentration of about 10 meters at the front parking lot of G apartment C in Gyeonggi-si, Gwangju-si, Gwangju-si, with approximately 0.151 percent alcohol level in blood.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (report on the situation of the driver in charge of driving), and notification of the result of regulating driving of alcohol;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;

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 following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good in that the defendant again committed the crime of drinking alcohol driving in the past despite the past records of punishment for drinking driving.

However, considering the favorable circumstances, such as the fact that the defendant reflects the mistake, the sentencing level, driving distance, driving background, the defendant's age, sexual conduct, environment, and motive and means of the crime in the blood of this case shall be determined as ordered by considering all the conditions of the sentencing.