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 December 29, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the wooden Branch of the Gwangju District Court on December 29, 2010.

【Criminal Facts】

On October 23, 2019, at around 23:47, the Defendant driven a DNA strawing car with the blood alcohol concentration of approximately 0.178% from the 5km section from the front of the restaurant where it is impossible to know the trade name in the Supo City Ccafeteria Island to the front of the restaurant located in the same city B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (verification of suspect's history of punishment for drunk driving), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and Articles 148-2 (1) and 44 of the Act on the Election

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant had been punished for drunk driving twice but repeated his/her drinking driving.

In light of the criminal power, the degree of drinking driving, the social danger of drinking driving and the purport of the revision of the Road Traffic Act, etc., it is necessary to strictly punish the defendant.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the records and arguments, including the fact that the defendant is against the mistake, the final negative driving and the crime of this case have a considerable interval of time between the crime of this case and the age, character and conduct, environment, circumstances before and after the crime.