A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

【Criminal Force of Crimes】 On January 16, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic laws at the port branch of the Daegu District Court on the same day, and KRW 5 million as a fine in the same court on August 8, 2014.

【Criminal facts】 On December 12, 2020, the Defendant driven a Rab vehicle under the influence of alcohol leveling 0.143% from a dry field near the dry field located in Nam-gu, Nam-gu, Chungcheongnam-si, Chungcheongnam-si, Seoul, to the neighboring road located in the same Gu C, to approximately 2km.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol) and report on the driving of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (Attachment of judgment on driving alcohol), and a copy of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking), the choice of imprisonment with prison labor (the point of high level of alcohol concentration in blood and the fact that four times the record of punishment for driving by drinking, etc. is imposed) and other relevant facts;

1. Articles 53 and 55(1)3 of the Criminal Act to reduce the volume of a vehicle (i.e., the abuse of alcohol in this case, the traffic accident caused by the driving of the drinking in this case, the traffic accident will not again be caused; and (ii) the defendant is participating in the counseling and drinking program in the related agencies for the sake of the drinking);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has no record of punishment exceeding the fine, etc.);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;