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 September 1, 2014, the Defendant issued a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 1, 2014, two times in total.

On October 22, 2020, the Defendant driven a E-stop under the influence of alcohol leveling 0.042% of alcohol level on the roads of approximately 1.5 km from 00:35 to D middle school located in C in the vicinity of D apartment in Changwon-si, Changwon-si.

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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Response to a request for appraisal, investigation report (including the attachment of a report on detection of a driver in charge, accompanying documents);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after the disposition, and applying the summary order statutes;

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, Article 59 of the Act on the Observation, etc. of Protection [the scope of punishment] Imprisonment with labor for one year or two years or six months [the sentence] imprisonment for one year or two years or six months, and circumstances unfavorable for two years or more of the suspension of execution: The defendant seriously reflects the fact that there are two favorable circumstances that the defendant was punished due to drinking: there is no previous conviction above the suspension of execution; there was no higher degree of alcohol level in blood at the time of driving; the defendant supports her parents with good degree of health; the defendant supports the defendant's age, sex behavior, environment, family relationship, motive, means, and consequence of the crime; and the circumstances after the crime, etc., all the sentencing factors indicated in the records and arguments of this case, such as the record and the changes in the text of the order shall be determined.