A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On March 17, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking) by the application of the Gwangju District Court on March 17, 201, and a summary order of KRW 2,00,000 as a fine for the same crime in the same court on June 11, 2014.

Criminal facts

On May 27, 2020, the Defendant driven D rocketing car under the influence of alcohol content of about 0.235% in blood from the road in front of the dwelling of the Defendant in Pyeongtaek-gun B to C in front of the road at approximately 100 meters from the road in front of C.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on the circumstances of the driver in charge of driving, the details of enforcement, and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant repeats his/her drinking again even though he/she has been punished for driving alcohol several times, and circumstances favorable to the defendant such as the defendant's records of the crime and the social danger of driving drinking: The defendant reflects his/her wrong, the final drinking and the crime of this case are at intervals between time and time between the crime of this case, the fact that there is no history of exceeding the fine, and other circumstances: The defendant's age, sex behavior, environment, family relationship, etc. and all the conditions for sentencing specified in the arguments