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.

Criminal facts

【Criminal Power】 On January 11, 2012, the Defendant was sentenced to a fine of KRW 80,000 to a fine for a violation of the Road Traffic Act at the 2nd general military court of the Navy.

【Criminal Administration” around July 31, 2020: (a) around 02:58, the Defendant driven E Uidi A6 while under the influence of alcohol concentration of approximately 0.160% from the front of the C community hall located in the north-gu, Madi A to the front road of D apartment.

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. The police statement concerning F;

1. Arrest report on occurrence of the case, report on the situation of the driver, and report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Probation and lecture attendance order shall be taken into account the degree of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, the distance from drunk driving, the criminal records of the judgment, the only punishment power, the time distance from time, the reflectivity, etc.