A defendant shall be punished by imprisonment for one year.

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 January 27, 2016, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on September 21, 2017, the Defendant received a summary order of KRW 5,00,000 as a fine of KRW 1,00 as a crime of violating the Road Traffic Act (drinking) from the Gwangju District Court Branch Branch.

On March 10, 2020, the Defendant driven DK 3 automobiles from around 400 meters away from the Cheongju-si road to the front road located in the Gu of Cheongju-si, a considerable amount of 0.238% alcohol while under the influence of alcohol during the influence of around 01:22.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of a reply to inquiry, such as criminal history, a report on investigation (verification of the same kind of force), and a summary order, to two Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the defendant inasmuch as the defendant committed the instant crime even though he/she had twice a previous conviction for driving like drinking, as stated in its reasoning.

However, in full view of all the circumstances, including the defendant's recognition of the crime of this case and the fact that the defendant would not repeat the crime of this case while going against the mistake, the defendant is constantly receiving the treatment of alcohol from the existing symptoms of alcohol, the previous conviction of the above drinking is both fines, and the degree of alcohol concentration and driving distance in the blood of this case, the defendant's age, sexual behavior, and the circumstances before and after the crime of this case, etc., and the sentencing conditions specified in the records and the previous theories, the suspension of execution is to be imposed under the condition of the order to attend the course only once, and the sentence is determined as ordered