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 facts] On September 21, 2015, the Defendant was sentenced to a fine of four million won as a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s Eunpyeong District Court’s site site site.

[Criminal facts] On July 2, 2020, the Defendant driven a vehicle of about 2 km from the front side of Pyeongtaek-si apartment complex B around 04:0 to the front side of Pyeongtaek-si Dong Dong Dong-dong, and driven a vehicle of about 0.130% alcohol level while under influence of alcohol level 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The circumstances after the crime are also poor, such as the fact that the drinking has already been subject to a fine two times or more due to drinking driving, and the situation of the escape by avoiding the control shows a non-cooperative attitude in the process of measuring drinking, etc., and the attitude of recognizing and reflecting the crime is visible, and there is no circumstance that the risk of driving has been realized.