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

[Criminal Records] On November 14, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court.

[Criminal facts] On November 21, 2020, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol level of about 0.162% during blood alcohol level from approximately 2km to the front road of “D” located in the Yacheon City, B Stack-si, 2020, around 22:54.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. A survey report on actual condition (1) (2) and on-site photographs of traffic accidents;

1. Records of the judgment: Application of a reply to inquiries, such as criminal history, (A), a report on investigation (applicable to the same type of force), and a summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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, including the observation of protection and the order to provide community service and attend lectures, recognizes and reflects the crime of this case, but there is a need to strictly punish the social harm caused by drinking driving, as the social harm caused by drinking is very serious.

Considering that the Defendant’s blood alcohol concentration reaches 0.162%, and that the Defendant’s liability is less than that of a fine imposed for a violation of the Road Traffic Act (driving) in 2016, as stated in the record of the crime in the judgment of the Defendant, such as the Defendant’s records of the crime.

subsection (b) of this section.

In particular, the defendant caused an accident that is caused by telegraph transfer, etc. on the road while driving under drinking, and may cause a serious life accident.

In addition, the circumstances leading the defendant to drive the drinking of this case, the alcohol concentration and driving distance in the blood of this case, and the details of the detection of the crime of driving the drinking of this case.