A defendant shall be punished by imprisonment for one year.

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 April 7, 2017, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Seoul Eastern District Court.

On August 26, 2020, the Defendant, as seen above, driven a F Lastren car in the state of alcohol alcohol level of about 0.164% from the 60-meter section of the blood alcohol level of around 0.164 meters from the front to the front of the road, which was located in Seocheon-si B around August 26, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Previous records indicated in the judgment of the result of the control of drinking driving, the report on the status of a drinking driver, and the investigation report on actual status: Copy of the summary order and the application of statutes related to criminal records;

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. 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 an offense in which not only the person himself but also another person's life can be taken, and the nature of the offense is bad, the defendant's blood alcohol concentration was relatively high, and the defendant caused a contact during drunk driving, which is disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case as well as the fact that there is no record of punishment, the driving distance was relatively short, etc., as well as the fact that the defendant recognized the crime of this case, the punishment shall be determined as ordered in consideration of the circumstances favorable to the defendant, and the overall factors of sentencing specified in the records and arguments, such as the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined as stated in the order