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 July 22, 2011, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (Refusal of Drinking Measures) in the Daejeon District Court's Incheon District Court's Branch.

On June 25, 2020, while under the influence of alcohol at 0.087%, the Defendant driven a F car on the road from the front side of the Southern-gu C University located in Gwangju-gu to the front road located in the same Gu D, approximately two kilometers in approximately 2 kilometers from the roads located in the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.