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 record] To the extent that it does not infringe the defendant's right to defense, part of the facts charged was revised without modification of indictment according to the facts found as a result of investigation of evidence

On November 3, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Chuncheon District Court on November 3, 2015.

[2] On July 22, 2020, the Defendant driven a vehicle of about 50 meters in Eland with approximately 0 meters alcohol concentration of 0.225% in blood while under the influence of alcohol from the side road near C, which is located in Yangyang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, the Defendant driven a vehicle of about 50 meters in Eland with alcohol concentration of 0.225% in blood.

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. Statement report on the situation of the driver who is placed in driving, report on the results of crackdown on drinking driving (report on the situation of the driver who is placed in driving), investigation report (verification ofCCTV image);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of judgment);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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 Code of the Order of Education and the Order of Community Service is the higher alcohol concentration among the blood transfusion of this case, and the defendant, even though he was fined due to drinking driving, driving again under the influence of alcohol is disadvantageous.

However, considering favorable circumstances, such as the defendant's attitude to reflect the mistake, the fact that the defendant disposed of the above driver's vehicle after this case, the defendant has no other penalty force, as well as the above one-time fine, etc., the location, developments and distance of driving in this case, the age, character and conduct, environment, and circumstances after the crime, etc. of this case shall be taken into account.