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

[Power of crime] On January 16, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating road traffic law at the Ulsan District Court on January 16, 200 and KRW 700,000 for a fine for the same crime at the above court on January 19, 207.

[Criminal facts] On April 21, 2020, the Defendant driven C Ttiball car in the state of drunk alcohol with approximately 10k alcohol concentration of about 0.051% from the 10k section of the newspaper located in the same city-dong from the front of the Si-si B market on April 21, 2020 to the king front of the newspaper in the same city.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement made by the police on D's statement, report on the situation of the driver who takes the driving, inquiry of the results of crackdown on drinking driving, and notification of the results thereof;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of driving force under drinking);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts: (i) the driving of drinking alcohol and the choice of imprisonment with prison labor for not less than twice);

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 Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act on the grounds for sentencing)

1. An order to attend a lecture or order to attend a community service order under Article 62-2 of the Criminal Act takes into account the risk of driving drinking alcohol on the grounds of sentencing, re-offending despite the same criminal record, and committing a crime during the suspension period of the execution of imprisonment due to fraud.

However, considering the fact that the blood alcohol concentration is not high, the fact that the health condition is not good (e.g., class 3) as favorable sentencing factors, the punishment as ordered shall be determined in consideration of the overall circumstances of sentencing, such as the defendant's age, sexual behavior, environment, circumstances after the crime, etc.