A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 5, 2020, the Defendant was under the influence of drinking, and was charged with summary charges on February 23, 2021 due to the violation of Road Traffic Act (driving) in the Daegu District Court.

On December 19, 2020, the Defendant driven a DM5 car under the influence of alcohol level of about 0.117% in the area of 4km from the Do adjacent to the gym-ro, Nam-gu, Nam-gu, Seoul, and then drive the DM5 car, under the influence of alcohol level of about 0.17% in the area of 4km to the parking lot.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Records: Application of a copy of indictment to Acts and subordinate 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. The Defendant’s age, occupation, and history of criminal punishment were considered in consideration of the following: (a) the Defendant was punished as imprisonment for re-offending in a state of high drinking level for two weeks after a long distance of the reason for sentencing under Article 62(1) of the Criminal Act was discovered.