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

[Criminal Power] On October 10, 2014, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 12, 2020, at around 23:35, the Defendant driven an EM3 vehicle while under the influence of alcohol content of about 0.094% from approximately 20 meters in the section from the roads near Gwangju Northern-gu B to the roads near the D convenience store located in Gwangju Northern-gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of a summary order of 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.