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 of the final judgment.

Punishment of the crime

[Criminal Power] On December 20, 201, the Defendant received a summary order of KRW 3 million for the crime of violation of the Road Traffic Act, etc. in the Gwangju metropolitan District Court's branch court's support on December 20, 201.

【Criminal Facts】

On May 22, 2020, at around 02:37, the Defendant driven D Launa car under the influence of alcohol content of approximately 0.240% from the section of about 3km up to the road front of the public parking lot on the road in the Dondo-gun, Jeondo-gun, Jeonnam-do-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions in judgment: Application of each of the criminal records, reference reports (A), investigation reports (verification of criminal records of the same kind as a suspect), and copies of summary orders, respectively;

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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is not very good for the crime to be committed at any time, and the voice of our society demanding strong punishment.

The defendant is a person who has been punished for drinking once in the past.

Nevertheless, the risk of drinking driving has not been broken down, and it has caused serious danger to the safety of the general public by driving under drinking again.

At the time, the defendant's blood alcohol concentration is considered as the blood alcohol concentration of the defendant.

However, it appears that the defendant's wrong and repents, and even if so, the risk of the defendant has not been realized by the third party's life or body.