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 December 12, 2008, the Defendant was sentenced to a fine of 2 million won by the Gwangju District Court due to the violation of the Road Traffic Act.

【Criminal Facts】

On December 2, 2019, the Defendant was under the influence of alcohol of 0.213% of blood alcohol concentration at around 20:10, and DM5 car from a cafeteria near the Nam-gu Seoul metropolitan city to the same Gu C, from around 300 meters from the cafeteria to the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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;

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.