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 August 10, 2011, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On November 17, 2019, the Defendant driven a E vehicle from the front road in Gwangju Dong-gu to the front road of the Gwangju Dong-gu D Building, while under the influence of alcohol of 0.041% of alcohol concentration at around 23:40 on November 17, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (Attachment to summary orders of the same kind of crime);

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.