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.

Criminal facts

On April 2, 2013, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

At around 23:50 on March 10, 2020, the Defendant driven Cmp car with a alcohol level of 0.128% under the influence of alcohol level on the front of the B apartment at Net City.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the actual condition survey report notified as a result of the drinking driving control, and the scene photograph of the accident;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of criminal punishment due to drunk driving, causes an accident while driving under the influence of alcohol again, and the risk of such accident is very high.

However, in light of the circumstances such as the defendant's age, character and behavior, environment, criminal records, circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the records, such as the defendant's age, character, environment, criminal records, circumstances after the crime, etc.