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

[2] On March 16, 2009, the Defendant issued a summary order of KRW 1.5 million to the Changwon District Court for a violation of the Road Traffic Act (driving). On October 20, 201, the Defendant issued a summary order of KRW 2 million to the same court as a crime of violating the Road Traffic Act (driving), and on August 18, 201, the Defendant issued a summary order of KRW 7 million to the same court as a crime of violating the Road Traffic Act (driving).

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 1 driven a car at Franz (GNDEUR) while under the influence of alcohol leveling about approximately 0.03% of alcohol level from around 380 meters to around E E-art in D from the front of the C cafeteria located on September 15, 2020 to around 18:40 on September 15, 2020.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (report on the situation of the driver in charge of driving), and notification of the result of regulating driving of alcohol;

1. Previous convictions in judgment: References to inquiries, such as inquiries about the results of crackdown on driving alcohol and criminal history, and application of Acts and subordinate statutes of investigation reports (A), and criminal records;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts: (i) the driving of drinking alcohol and the choice of imprisonment with prison labor for not less than twice);

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 Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. An order to attend a lecture under Article 62-2 of the Criminal Act, even if the person had been punished for the same kind of crime for the reason of sentencing, has committed a second offense, and if there are no circumstances to consider the circumstances leading to the crime, it

However, it shall be considered as a favorable sentencing factor that the blood alcohol concentration is low, the driving distance is short, and the attitude to reflect is visible.

In addition, all other circumstances such as the defendant's age, sex, environment, etc. are subject to sentencing.