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 November 14, 201, the Defendant received a summary order of KRW 1.5 million for a fine for a violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On August 1, 2020, the Defendant, while under the influence of alcohol at 0.094% of blood alcohol concentration, driven a e-benz car from around 200 meters away from the front of the C cafeteria located in the Gwangju Mine-gu to the front of the D apartment in the Gwangju Mine-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of summary order statutes of the Gwangju District Court No. 2011 High Court No. 17034;

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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.