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] The Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the support of the Chungcheong District Court on May 10, 2019.

[2] On July 6, 2020, Defendant 1 driven a drinking-free vehicle at least once as above, and again driven a CAW-free vehicle at approximately KRW 0.139% alcohol level in the 2km section from the nearest road of Pyeongtaek-ro 51, Pyeongtaek-ro, Pyeongtaek-si around July 6, 2020 to the front road of the same city.

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. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction in the same case and confirmation);

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.

Re-driving at the time when it was found that there was a history of punishment for driving under the influence of alcohol in 2019, which is advantageous to the fact that the level of alcohol level was not lowered at the time when it was discovered: The fact that there was no circumstance that the risks of driving are realized due to the fact that it was discovered that it was discovered that there was a history of punishment for driving under the influence of alcohol in 2019, and that there was no history of crime other than the previous one.