The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Criminal facts

On February 11, 2016, the Defendant issued a summary order of a fine of one million won to a violation of the Road Traffic Act (driving) at the Cheongju District Court on February 11, 2016, and on January 3, 2017, a fine of three million won from the Chungcheong District Court on January 3, 2017 to the same crime, respectively, on two or more occasions.

On April 20, 2019, at around 01:33, the Defendant driven a D Sti-type car with a blood alcohol concentration of about 0.246% under the influence of alcohol from around 200 meters to the front road of the same military branch, from around 01:33, the Defendant driven a D Sti-type car with a alcohol content of about 0.246%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Requests for appraisal;

1. A written report from an employee of an employer;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (former records and summary orders);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and attending a compliance driving lecture are as follows: (a) the Defendant was subject to criminal punishment for a violation of the Road Traffic Act in 2016 and 2017; and (b) the quality of the offense is not good considering the blood alcohol concentration.

However, the defendant shows his attitude to recognize and reflect his mistake in this court.

A defendant shall not be subject to criminal punishment exceeding a fine.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the records and arguments, such as the age, environment, and attitude after the crime.