A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 18, 2008, the Defendant received a summary order of KRW 700,000 from the Gwangju District Court to a fine of KRW 100,000 for a violation of the Road Traffic Act, and on May 17, 2016, the same court issued a summary order of KRW 2 million for the same crime.

【Criminal Facts】

Nevertheless, at around 02:45 on April 30, 2020, the Defendant driven 3 km CMW X4 car from the Escopic ward to the front day of Oscopic ward from the Escopic ward to the Oscopic ward while under the influence of alcohol 0.138%.

Accordingly, the defendant violated the prohibition clause 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, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was as stated in its reasoning, the Defendant was sentenced to a fine twice due to drunk driving, and the blood alcohol concentration level at the time was high, and the contact accident was also caused. The nature of the crime is not good.

However, considering the fact that the defendant is led to confession and reflect, that there is still no previous conviction exceeding the fine, that there is relatively minor damage, etc., and other various sentencing conditions shown in the records and arguments, including the defendant's age, attitude, environment, driving circumstances, distance, and the circumstances after the crime, shall be determined as ordered.