A defendant shall be punished by imprisonment for one year.

except that 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 5, 2007, the Defendant was sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court's wooden branch.

【Criminal Facts】

On May 15, 2020, at around 00:09, the Defendant driven a E-pet vehicle with a blood alcohol concentration of about 34 km from the section of approximately 34 km from the roads in front of Yong-gun, Youngnam-gun, to the roads in front of the D convenience store in Sinposi C, with a blood alcohol concentration of about 0.050%.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. The circumstances of driving under the influence of alcohol, the notification of the results of the crackdown on driving under the influence of alcohol, the circumstantial statement of a drinking driver, the investigation report, the written report on driving under the influence of alcohol, and the management and inquiry report;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act suspended execution: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the mere fact that there is a need to strictize the act of drunk driving: The fact that the blood alcohol concentration is not high, and all the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, health conditions, and circumstances after the crime, etc., are considered;