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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 21, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method.

On November 8, 2020, the Defendant driven DK 5 automobiles under the influence of alcohol content of about 900 meters from the road located in Sejong-dong in the Gyeonggi-si in Busan-si to the front roads in C in the same city, with approximately 900 meters alcohol level of about 0.138%.

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

Summary of Evidence

1. The defendant's legal notice of his/her results of regulating driving of drinking alcohol, inquiry into the results of regulating driving of drinking alcohol, report on the situation of the driver placed at drinking, investigation report on the circumstances, and photograph of the measuring instrument for drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, and summary order under Acts and subordinate statutes of one summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture of this case committed the crime of this case even though the defendant was punished by a fine due to drinking alcohol for about four years, the crime of this case was committed by blood alcohol level of 0.138%, the defendant recognized the crime of this case, and the defendant is not guilty by disposing of the vehicle in the judgment, and there is no record of punishment except for the previous conviction in the judgment, and the defendant's age, sexual behavior, environment, motive, means and result of the crime, etc., and the conditions of sentencing as shown in the argument of this case, such as the following circumstances after the crime, shall be determined as the sentence as ordered.