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

On May 19, 2008, the Defendant received a fine of KRW 1,500,00 as a crime of violation of the Road Traffic Act (driving) from the Goyang Branch of the District Court of Jung-gu on May 19, 2008.

On September 1, 2020, at around 22:25, the Defendant driven a car in the Ecoon in the state of alcohol of about 0.101% of blood alcohol concentration at the 13km section from the Do in front of the C Flagwon in the city of Pakistan to the front of the D apartment in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, and investigation report;

1. Investigation report made after checking the results of the control of drinking driving (specific degree of alcohol level in the blood);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of the same kind of records), and application of two copies of written judgments to two Acts and subordinate statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing in Article 62-2 of the Criminal Act regarding probation and order to attend a lecture is that the defendant is divided into his mistake, and in any case, he will not drive under drinking in the future.

Defendant has no criminal records of suspended sentence of imprisonment without prison labor or heavier punishment.

The health of defendants is not good.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the degree of blood alcohol, and the circumstances before and after the crime, etc. shall be determined by taking comprehensive account of various circumstances shown in the arguments.