1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal history] On May 26, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violating Road Traffic Act (drinking driving) in the Incheon District Court’s Vice-Support on May 26, 2017.

[2] On September 2, 2020, the Defendant driven CM5 car at approximately 2 km while under the influence of alcohol level of 0.148% during blood from the insular area of Kimpo-si to the front road of Kimpo-si, Kimpo-si on September 2, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiries about the results of regulating drinking alcohol driving;

1. Previous convictions in judgment: A written reply to inquiries, such as criminal history, (A), and the application of Acts and subordinate statutes of the same kind;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order to provide community service and attend lectures may cause serious damage to the life, body, and property of another person. Therefore, the corresponding punishment is required.

Although the Defendant was punished for a crime of violating the Traffic Act on the Road in 2017, he/she committed the same crime at once, and thus, he/she cannot be held liable for such crime.

shall not be deemed to exist.

In addition, the defendant was found to have a drinking driving by a police officer called after the occurrence of a traffic accident.

However, the sentencing conditions such as character, age, motive and background of the crime, circumstances after the crime, alcohol concentration in blood (0.148%) and the interval of time before and after the previous drinking crime, etc., which can be known through pleadings, have been comprehensively taken into account. In addition, the sentence like the order shall be determined by comprehensively taking into account the following factors:

It is so decided as per Disposition for the above reasons.