A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On February 19, 2016, the Defendant was issued a summary order of KRW 5 million by the Jeonju District Court for a violation of road traffic law (driving driving) [criminal facts] On September 11, 2020, the Defendant driven a DNA SM3 car under the influence of alcohol concentration of approximately 0.213% from the 20-meter section from the 20-meter section to the same Gu C road at the 20-meter section from the 20-meter road in front of the Jeonsan-gu Seoul Special Metropolitan City to the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual investigation report on traffic accidents and on-site photographs;

1. Requests for appraisal of alcohol concentration and response to results from blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the same kind of force), and summary order-making Acts and subordinate statutes;

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 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, the sentence shall be imposed as per the disposition, taking into consideration the defendant's records of driving alcohol, alcohol concentration and distance from driving alcohol in the defendant's blood, circumstances at the time of the crime (in the latter case, shock of building glass while committing the crime, circumstances after the crime, reflectivity of the defendant, attitude of the defendant's age, sex behavior, environment, etc., as well as other various conditions of sentencing that are shown in the trial process