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

On May 17, 2016, the Defendant was notified of a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the District Court of Jung-gu.

On September 12, 2020, the Defendant driven a D Ttiball car under the influence of alcohol content of about 0.173% in a section of about 15km from the previous Do to the roads near the Cheongcheon Women's Center located in Macheon-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-do.

Accordingly, the defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, reporting on the situation of driving of drinking alcohol, and investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, report on investigation (A), and summary order-making statute;

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. The reason for sentencing Article 62-2 of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the Defendant was punished by drinking alcohol driving in 2016, but again committed the following crimes.

At the time of driving of the instant case, the alcohol concentration in the blood was considerably high by 0.173%.

However, according to the fact that the defendant recognized the crime of this case, the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the records and arguments of this case shall be comprehensively considered, and the punishment shall be determined as ordered.