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 May 29, 2017, the Defendant was issued a summary order of a fine of three million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had the history of violating Article 44(1) of the Road Traffic Act, he again driven a motor vehicle in the E Spo-type section of approximately 300 meters from the front road of Gwangju City to the “D” road located in the same city in the front of Gwangju City, while under the influence of alcohol at around 01:30 on June 22, 2020, under the influence of alcohol concentration of 0.065%.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, notification of the result of the control of drinking driving, report on the situation of drinking driving, investigation report on the status of drinking driving (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, considering the blood alcohol concentration, driving distance, and driving circumstance of the instant case as the main circumstances, and the fact that the Defendant re-drivings a motor vehicle despite the fact that the Defendant had been sentenced to a fine once due to drunk driving, etc., the Defendant appears to have an attitude against the Defendant’s mistake, and the fact that the Defendant has no other criminal records other than the above one fine prior to the above one fine, etc.,

In addition, the sentencing conditions shown in the instant case, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per Disposition.