A defendant shall be punished by imprisonment for a term of one year and two months.

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 January 4, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on March 31, 2017, respectively.

【Criminal Facts】

On February 16, 2020, at around 04:35, the Defendant driven a Bserger car with a blood alcohol concentration of about 0.130% from the 3km section from the front of the main point located in the Suwon-dong, Gwangju Metropolitan City to the point of the Sinnam Highway Net-dong located in the same mountain-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Requests for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes governing investigation confirmation;

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 by taking into account the various sentencing conditions as shown in the records and arguments of this case.