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

On November 22, 2010, the defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act, and a fine of 2.5 million won by the Gwangju District Court on April 25, 2014 and a fine of 2.5 million won by a violation of the Road Traffic Act in the Gwangju District Court on April 25, 2014.

On July 21, 2020, the Defendant committed a crime of violation of the Road Traffic Act (driving) at least once, driving a D Ecoos vehicle owned by the Defendant under the influence of alcohol content of 0.063% from the street in front of the Gyeonggi Yang-si to the street in front of the said C regularly at the same time, from July 21, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of suspect's same kind of power, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The Defendant committed the instant crime even though he was sentenced to a fine due to drinking driving in 204, 2010, and 2014 of the Criminal Act for the reason of sentencing Article 62-2 of the Order to Attend the lecture.

However, the defendant recognized the crime of this case, and the blood alcohol concentration level at the time of the driving of this case is not relatively high to 0.063%, and other factors of sentencing as ordered by comprehensively taking into account the following factors: the distance of drinking driving, the developments leading up to the crackdown, the age and character of the defendant, his age and character, family relation, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.