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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 5, 2007, the defendant was issued a summary order of KRW 2 million by the same court due to the crime of violation of the Road Traffic Act.
On June 15, 2020, while under the influence of alcohol at 0.169%, the Defendant driven a D-owned car on the road of approximately 2.5 kilometers from the front side of the French site located in the Southern-dong in Gwangju-gu to the front side of the C building located in Gwangju-gu, Seo-gu.
Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records: Application of Acts and subordinate statutes, such as a criminal history record, etc. and a copy of a summary order;
1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant again committed the crime of drinking alcohol in this case even though he was punished several times for the reason of sentencing under Article 62-2 of the Criminal Act, such as drinking without a license, driving without a license, failure to take measures after an accident. However, the defendant does not have been punished by a fine or heavier due to the traffic-related crime; the defendant is divided by his mistake; the defendant's degree of blood alcohol alcohol at the time of the crime in this case; the degree and place of drinking driving; the distance and place of drinking driving; the age of the defendant; the defendant's age at the time of the crime in this case; and all the conditions of sentencing specified in the records and arguments, such as the records and arguments.