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 facts] On June 26, 2018, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for a crime of violating the Road Traffic Act (dacting driving).

[2] On August 24, 2020, the Defendant driven a FM5 vehicle under the influence of alcohol leveling 0.137% while under the influence of alcohol leveling from around 30 meters to around 30 meters to E in the same Gu, from the roads adjacent to C in Seojin-gu Seoul Special Metropolitan City on August 24, 2020 to E in the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving, investigation report, and notification of the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as inquiry about criminal history, investigation report (A) and Acts and subordinate statutes (Attachment of such previous summary order);

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) concerning criminal facts; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act (the point of driving under influence of alcohol); Article 152 Subparag. 1 of the Road Traffic Act (the point of driving without a license)

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 Code of the Order to Provide community service and attend lecture is not only his/her own, but also a serious criminal threatening the life, body, and property of other persons and his/her family members, driving in the state of high alcohol concentration (0.137%) during blood at the time of the instant case, and the vehicle chief wheels was exposed to the high quality of the crime, such as being exposed to diving in the situation where the vehicle chief wheels was exposed to Indian seat, etc., and the Defendant was sentenced to a summary order of KRW 3 million by the Jeonju District Court on June 26, 2018, even after being sentenced to a fine of KRW 3 million due to the crime of violation of the Road Traffic Act, and the Defendant led to the instant crime, which led to the instant crime.