A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal record] On May 31, 2013, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) in the support of the Frigwon Frigwon.

[Criminal facts] On September 18, 2020, the Defendant driven D-hurged vehicles under the influence of alcohol content of about 0.072% in blood from around 100 meters to C-hurged parking lot from around 18:30 E-hurged vehicles in E-hurged condition from around 100 meters to C-hurged parking lot.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the fact that the Defendant violated the prohibition of drinking.

Summary of Evidence

1. The defendant's legal statement E written statement that results in regulating driving of drinking alcohol, the statement of the situation of the driver under the influence of drinking, the investigation report (report on the situation of the driver under the influence of drinking), and the photograph related to driving of the F convenience store receipt;

1. Previous conviction: The results of inquiry and the application of each summary order 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the protection observation and attendance order was that the Defendant once driven alcohol again, even though the driving force of drinking was twice, and the alcohol concentration in the blood was also high at the time.

In addition, it was necessary to leave the scene without taking any particular measure even if the parked vehicle is shocked.

However, the distance of drinking driving is relatively short.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.