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 9, 2012, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and KRW 6 million by the same court on February 17, 2016.

On September 15, 2020, while under the influence of alcohol at 0.067%, the Defendant driven a Fsch Rexton vehicle at a section of about 19km from the roads following the c elementary school located in Jeonnam-gun B to the D Apartment E-dong Road in Gwangju Metropolitan City, Gwangju Metropolitan City.

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. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 판시 전과 : 범죄경력 등 조회회보서, 광주지방법원 2016고�13159호 약식명령, 광주지방법원 2016고약877호 약식명령 법령의 적용

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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.