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

[Criminal history] On September 13, 2012, the Defendant received a summary order of a fine of KRW 3 million for a crime of violating Road Traffic Act (driving) at the Jeonju District Court.

[2] On August 5, 2020, around 22:53, the Defendant driven a car with alcohol level of approximately 0.079% in blood while under the influence of alcohol level from about 1 km to D's side way in Yasan-gu, Jeonjin-gu, Jeonjin-gu, Seoul Special Metropolitan City, to the trade studio in Yan-si C.

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. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (verification of the same record of the suspect), and application of summary order 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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201)

1. Article 62(1) of the Criminal Act on the stay of execution (The following grounds shall be taken into account for the reasons of sentencing):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, occupation, sex, family relationship, and the conditions of sentencing as shown in the trial process and records, including the circumstances before and after the crime.

Even though the drinking driving has been punished several times due to the drinking driving, the liability for the crime is not weak.

Finally, the defendant's records of punishment for drinking driving and the date of occurrence of this case are not at least at regular intervals, and the defendant's blood alcohol concentration was not significantly high at the time of this case.

After the defendant gets a water surface after drinking, he/she was driving at the time of the crime of this case, and he/she shall not drive a drinking in the future, reflecting his/her depth.