A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of crime] On June 9, 2016, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (dacting driving) in the support of the Suwon Frigwon method.

[Criminal facts] On September 3, 2020, the Defendant driven D Coin car at approximately 2.5 km from the vicinity of the Gyeyang-gu Office in Incheon Gyeyang-gu to the same Gu C, while under the influence of alcohol level of 0.065% during blood transfusion around Sep. 3, 2020.

As a result, the defendant was sentenced to criminal punishment due to drinking, but was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and investigation reports (report on the situation of the driver in charge of driving alcohol);

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes confirming the same criminal history;

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 sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, are considered: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the previous drinking driving force; (c) the driving of a motor vehicle while under the influence of alcohol while driving the motor vehicle at a dangerous level; and (d) the recognition of the crime and the non-offending of the crime; and (c) the sentencing conditions under Article 51 of the Criminal Act,