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 September 1, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 6, 2020, the Defendant driven a Fk7 car from the road front of the Cju store located in Gwangju Mine-gu to the road front of the same Gu D apartment E-dong, in a state of under the influence of alcohol of 0.042% of blood alcohol concentration around 06:53 on September 6, 2020.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the actual condition of the driver;

1. Previous conviction: Application of a summary order of Acts and subordinate statutes;

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.