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 November 16, 2020, the Defendant controlled the violation of the Road Traffic Act (drinking) and filed a summary order with the Changwon District Court on December 7, 2020.

On December 6, 2020, at around 00:15, the Defendant driven a vehicle of soflurged C with alcohol concentration of about 0.076% in a section of about 500 meters from the window B of Changwon-si to the window B of Changwon-si.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Social Service Criminal Act [the degree of alcohol concentration, driving and enforcement background, and previous convictions in blood] is considered as a major sentencing factor, and the defendant's mistake is recognized and the same mistake is not to be made again.

In full view of the fact that the defendant's age, sex, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the arguments, such as the circumstances after the crime, etc., the sentence should be determined as ordered and the execution of the sentence shall be suspended on the premise that the social service duty is faithfully performed.