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.

Punishment of the crime

[criminal power] On February 20, 2014, the Defendant was sentenced to a suspended sentence of one year to six months of imprisonment with labor for a violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on three occasions in total.

【Criminal Facts】

On December 18, 2019, at around 20:15, the Defendant driven a e-learning car under the influence of alcohol concentration of about 0.145% from the 1km section from the front of C in the Gangnam-gun, Gangnam-gun, Seoul to D.

Accordingly, the Defendant violated the duty of prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the control results of drinking driving;

1. Criminal records: Application of Acts and subordinate statutes to inquiry inquiries, such as criminal records, and investigation reports (a copy of the same type of force judgment, etc.);

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 the sentencing of Article 62-2 of the Social Service Order Act requires that the defendant be sentenced to imprisonment in this case to have a firm opportunity to observe the law by taking into account the fact that the risk of traffic safety of citizens increases, the necessity of strict punishment is high, the driving prior to drinking, three times, and the probationary power has been sentenced. The defendant's error is recognized, the distance of the defendant's driving is not long, the defendant's previous conviction is old for more than six years, the balance with the sentencing of the same crime, the criminal records of the defendant, the criminal records of the crime in this case, the character and risk of the crime in this case, the background and degree of the crime, the family relationship of the defendant, the possibility of recidivism, and other various sentencing conditions specified in the records and arguments in this case shall be determined as the same sentence.