A defendant shall be punished by imprisonment for a term of one year and two months.

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, 2011, the Defendant is a person who had been punished for a fine of one million won by a 1 million won in a violation of road traffic law by a common military court of the 2nd common military court of the land army.

On January 10, 2021, around 03:04, the Defendant driven a D Star Fex vehicle in the state of alcohol concentration of about 0.198% in blood in the 3km section from the front of Gyeonggi-si B to the road in the apartment complex C, at around 03:04.

Accordingly, the defendant was driving a drinking not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Before a report on investigation is made on investigation (report on the situation of the driver involved): Application of the provision of a reply to inquiry;

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. For the reason of sentencing in Article 62-2 of the Criminal Act on the observation of protection and punishment, the following are comprehensively taken into account the criminal records of the defendant (the existence and frequency of the previous forces, the interval between the previous forces, the time and time of the previous same kind of force, etc.), the nature of the crime in this case, the degree of the defendant's blood alcohol concentration at the time of driving in this case, the circumstances leading up to drinking and driving distance of the defendant, the circumstances leading up to the crackdown on the crime in this case (the occurrence of previous duplication), the defendant's reflectivity, age, family relationship, health conditions, etc., and various sentencing