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 July 11, 2007, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 28, 2019, at around 20:00, the Defendant driven a e-car from the front street of Gwangju City to the front street of about 500 meters from Gwangju City, while under the influence of alcohol of 0.079% of blood alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and report on the situation of drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes concerning criminal records and summary orders of the same criminal suspect's same kind of power;

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 of Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a very high-risk crime that may infringe on the life and property of others as well as the person concerned.

Although the Defendant had been subject to criminal punishment of a fine due to drinking driving over three times in 2004, 2005, and 2007, the Defendant again committed the instant crime.

The defendant's blood alcohol concentration level is relatively high.

On the other hand, the fact that the defendant reflects the defendant, the driving distance is short, and the defendant has no specific criminal power, in addition to the three-time fine and the one-time driver's without a license, etc., shall be considered as favorable to the defendant.

In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.