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.

Criminal facts

On May 29, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Gwangju District Court's net support on May 29, 2007, and a suspended sentence of two years for eight months for the same crime in the same court.

On August 20, 2020, the Defendant driven a D-soccoon car with alcohol concentration of 0.128% from the 300-meter section from the front of the Tongdocian to the front road in the same city B, which may not know the trade name located in the new site in the Sincheon-si on August 20, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a summary order, and the application of the text of the judgment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, the defendant, who had been subject to criminal punishment several times due to driving of drinking, etc., once again, has driven under the influence of drinking, and the risk thereof is considerably high.

However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.

In light of the following circumstances: (a) disposal of the vehicle possessed by the Defendant, (b) the family members of the Defendant, and (c) the Defendant’s family members, appeal to the effect that the Defendant would not drive drinking, and (d) ten or more years have passed before the judgment, the Defendant’s age, sexual conduct, environment, family relationship, criminal history, circumstances of the instant crime, and result, etc., the punishment as ordered shall be determined by comprehensively taking into account the various conditions of sentencing indicated in the records, such as the