A defendant shall be punished by imprisonment for a term of one year and four 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

[criminal history] On July 12, 2012, the Defendant was issued a summary order of KRW 1,00,000 for a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act (drinking in drinking), and a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for the same crime from the Suwon Friwon as of January 15, 201.

[Criminal facts] On November 3, 2020, the Defendant driven D Lasta car in the state of alcohol alcohol concentration of approximately 0.065% from the 12 km section from the front of the C, 01:00 Osan City, to the flag intersection in the state of emulculation.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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. Although the Defendant had been punished twice by a fine due to drinking driving, he/she also driven the instant drinking while driving the instant drinking, in light of the amount of drinking alcohol or the details of the report, etc. at the time, the risk of the occurrence of the accident was not high.

In this context, considering the purpose of the amendment of the amended law, if the statutory penalty is raised, the quality of the crime of the defendant is not less than that of the defendant.

However, taking into account the fact that the defendant is led to confession and reflect, the fact that the defendant does not have any previous conviction other than the above previous conviction, and the fact that the defendant does not lead to a multi-accident, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, developments and distance of the defendant, alcohol concentration in blood, circumstances after the crime, etc., are taken into account.