A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On June 9, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving alcohol) at the Changwon District Court, and on November 30, 2015, the Defendant issued a summary order of KRW 3.5 million for the same crime at the same court.

[2] On October 16, 2020, the Defendant, while under the influence of alcohol 0.142% during blood transfusion around 16:02, driven D car at the section of 140 meters from the front side of the former apartment after the apartment after the apartment, to the same apartment C, while driving a D car at the front side of the apartment after the apartment.

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. Notification of the results of regulating driving of drinking alcohol and investigation report (the application of the dmark above the suspect's drinking figure);

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and the application of Part II of the relevant summary order;

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. On the grounds of sentencing under Article 62-2(1) of the Criminal Act, the punishment as ordered shall be determined by fully taking into account the various circumstances, such as the following circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: The circumstances favorable to the defendant, such as the harmful effects of drinking, high level of alcohol alcohol concentration, excessive attitude such as drinking, the history of punishment for suspended sentence due to drinking, etc. to interfere with accurate measurement of drinking after the control of drinking, etc.: The defendant's mistake is divided and reflected, the driving distance of drinking is relatively short, family members, etc.