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 history] On August 29, 2016, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on August 29, 2016.

[2] On December 22, 2020, the Defendant driven a C low-speed car under the influence of alcohol content of about 0.089% from the 8km section from the dong-dong of Changwon-si to the roads in front of the same Gu, around 2020 to around 20:30.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), an investigation report (verification of the same type of force), and a summary order, to two 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In addition to the driving under the influence of alcohol as stated in the facts of crime, the defendant has been punished once in 200 and 2003, and the defendant has been punished by a fine for drinking even once in 200 and 2003. At the time of the instant case, the defendant's blood alcohol concentration at 0.089% and the driving distance reaches 8km: The defendant's mistake is against the defendant, and the same criminal record is both fines, and all other conditions for sentencing under Article 51 of the Criminal Act are considered.