A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On September 7, 2016, the Defendant received a summary order of a fine of KRW 1.5 million and KRW 3 million for the same crime at the same court on March 18, 2019.

[Criminal facts] On October 30, 2020, the Defendant driven a Dben E300 vehicle under the influence of alcohol leveling 0.115% from a 30-meter section from the front of the convenience store in Suwon-si, Suwon-si, D, to the front road in Suwon-si, Suwon-si, Suwon-si, to the road in front of Suwon-si, Suwon-si, with a alcohol leveling to 0.115%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and appraisal report;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

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 Act regarding the order to provide community service and attend lectures is as stated in its reasoning, even though the Defendant was punished by a fine due to drinking alcohol driving on two occasions, he/she was driving the instant drinking at a relatively short time, and the alcohol concentration level at the time of blood was considerably high. In light of the risk of the occurrence of the accident and the purport of the amendment of the amended law, the nature of the crime is not somewhat weak.

However, considering the fact that the defendant confessions and reflects, there is no previous conviction exceeding the fine, and the fact that the accident does not lead to a multi-accident, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, attitude, environment, developments and distance, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments.