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 of the final judgment.

Punishment of the crime

[Criminal Power] On December 5, 2019, the Defendant was sentenced to a fine of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 12, 2020, the Defendant, while under the influence of alcohol of 0.16% of blood alcohol concentration on August 12, 2020, driven the EM7 car at the section of about 15 km from the roads in the south-gu, Nam-gu to the roads in the front of the Nam-gu to the roads in the Dong-gu, the Nam-gu to the roads in the front of the Council members located in the same Si/Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, and the report on drinking drivers;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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.