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 November 19, 2007, the Defendant was sentenced to a fine of KRW 700,000 for a crime of violating the Road Traffic Act at the Jeonju District Court on November 19, 2007, and was sentenced to a summary order of KRW 1.5 million for the same crime at the same court on July 16, 2013.

Nevertheless, on September 28, 2020, the Defendant driven a motor vehicle in Fent typ in the state of alcohol with approximately 0.176% alcohol concentration in blood from around 1km to the front road of D apartment E-dong in the same Gu from the front road located in Yansan-gu, Seoul Special Metropolitan City on September 28, 2020 to the front road of the same Gu.

Accordingly, the defendant has committed a crime of violating the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Before a report on the circumstances of the driver who is notified of the result of regulating the driving of drinking, the previous report on the situation of the driver who is placed in driving: The application of Acts and subordinate statutes to inquire about the criminal history and other criminal records (A) and investigation reports (inform

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is not only the principal, but also the latter's serious criminal who threatens the life, body, and property of the latter's family members, and the crime committed in the state of high alcohol concentration (0.176%) during blood at the time of the instant case, such as the poor quality of the crime such as driving in the state of high alcohol concentration (0.176%) and the same criminal record is two times, and the Defendant led to the confession and reflect of the instant crime, and there is no personal and physical damage due to the instant crime, and there is no record of criminal punishment exceeding the fine, and there are various arguments in the instant case, including the circumstances favorable to the Defendant, such as the Defendant's age, sexual behavior, environment, motive and background of the instant crime, driving distance, and the circumstances after the crime.