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 September 11, 2007, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and on May 17, 2012, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime in the same court.

【Criminal Facts】

On January 29, 2020, at around 20:36, the Defendant driven a Fsch Rexton sports cargo vehicle under the influence of alcohol concentration of about 200 meters from the front of a restaurant in C, which is located in Seoul, G, Seoul, to the front of the E, located in D, while under the influence of alcohol concentration of about 0.036%.

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, and report on the control of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and statutes;

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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the Act), which seriously reflects the fact that the defendant's mistake