A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On March 31, 2017, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court.

[Criminal facts] On October 2, 2020, around 09:58, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.166% in the 3km section from the roads near the B market in Songpa-gu Seoul Metropolitan City to the roads in front of Sungnam-gu Seoul Metropolitan City C.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order attached to the suspect's previous records);

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) on criminal facts

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 grounds for sentencing under Article 62-2 of the Criminal Act for protection observation and attending lectures include the drinking volume (0.166% alcohol content in blood transfusion), the driving distance (3km), the criminal records of the defendant's same kind of crime (one time of punishment) and other various sentencing conditions in Article 51 of the Criminal Act, such as the defendant's age, sex, and environment, as stated in the records of this case, shall be determined as the sentence as ordered.