A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Records] On June 11, 2010, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of road traffic law (driving) at the District Court of the Jung-gu District Court.

[Criminal facts] On October 1, 2020, the Defendant driven G QM5 automobiles while under the influence of alcohol content of about 0.150% in the 3km section from C adjacent to G in Gwangju-si to F in the same city E from around 19:02 to the end of F in the same city.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement report on the situation of the driver who takes the main oral statement, notification of the results of crackdown on drinking driving, and criminal records, and investigation reports (36 pages of investigation records);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend a lecture is that the Defendant was punished by a fine for driving under the influence of alcohol in 2003, and even if the Defendant was under the suspension of the execution of imprisonment due to a traffic accident by driving under the influence of alcohol in 2010, the Defendant was driving a car in the state of driving under the influence of alcohol not less than 0.150

It shall be taken into account the fact that the defendant shows an attitude to recognize and reflect the defendant's mistake, and the defendant was punished by a fine after the damage on June 2020, while there is no record of criminal punishment heavier than the fine except for the above suspended sentence, and other circumstances such as the defendant's age and character, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the following circumstances.