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

On October 2, 2007, the defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On August 22, 2020, at around 20:58, the Defendant driven a D Poter II truck under the influence of alcohol concentration of 0.094% from the 1km section from the French-dong of Gwangju to the front of the C located in the same Gu.

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 the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of a 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 grounds for sentencing under Article 62-2 of the Social Service and Criminal Act are the same criminal records of the defendant, the blood alcohol concentration at the time of the instant crime, the background leading up to the drunk driving, the distance and place of the drunk driving, the defendant's mistake is divided, the defendant is suffering from economic difficulties, and the defendant's age, character and conduct, and circumstances before and after the instant crime are considered, and all the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.