A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On February 25, 2008, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) from the Gwangju District Court's support on December 5, 201. On March 26, 2014, the Defendant was sentenced to a summary order of KRW 2.5 million from the Gwangju District Court to a fine of KRW 2.5 million. On March 26, 2014, the Defendant was sentenced to a suspended sentence of imprisonment

【Criminal Facts】

On December 14, 2019, at around 09:45, the Defendant driven a motorcycle with approximately 0.065% blood alcohol concentration in the section of approximately 300 meters, while under the influence of alcohol at approximately 0.065% in the vicinity of D restaurant located in B, Jeon Chang-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Investigation reports and notification of the results of the control of drinking driving;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a similar power confirmation report);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, three years under a suspended sentence, taking into account the following circumstances, and taking into account the defendant's age, environment, motive for committing a crime, distance of drunk driving, blood alcohol density, types of driver vehicles, and circumstances after committing a crime, the punishment as set forth in the Disposition shall be determined by taking into account various factors of sentencing as shown in the argument of

[Unfavorable circumstances] The drinking driving is necessary to strictly punish a crime that may cause serious damage to another person's life, body, or property.

The defendant.