The punishment of the accused shall be determined by one year and two months.

, however, the above punishment shall be imposed for a period of two years from the date this judgment becomes final.

Punishment of the crime

[Criminal Records] On May 13, 2013, the Defendant was sentenced to a fine of KRW 4 million by the Jeonju District Court due to a violation of Road Traffic Act (driving).

[2] On October 21, 2020, the Defendant driven a DNA-learning car under the influence of alcohol with approximately KRW 700 meters from a distance of approximately 0.057% from the 700 meters away from the old and the front and rear in C, which is located in Song-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the day on which he was under the influence of alcohol.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months, imprisonment with prison labor within the applicable sentencing range by law;

2. The defendant who had previously been sentenced to criminal punishment for the crime of drinking traffic accident shall choose to imprisonment with prison labor in so far as he/she committed the crime of this case again despite the past record;

However, at the time of the instant crime, the execution of the instant crime is suspended considering the fact that the Defendant’s blood concentration level is not very high, and that there was no criminal record of any criminal punishment after 2013.

However, the defendant asserts that he moved a vehicle for the convenience of contact after leaving a substitute driver, and that the vehicle has reached the crime of drinking driving, it is reasonable to view that the moving of a short distance vehicle is a favorable reason for sentencing.

However, in the instant case, the distance of 700 meters driven by the Defendant cannot be deemed as a significantly short distance, and thus, the circumstances leading to the Defendant’s assertion are not considered as favorable sentencing grounds.

The age, occupation, and sex of the defendant.