A defendant shall be punished by imprisonment for one year.

except that 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 14, 2014, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Gwangju District Court Support Act.

【Criminal Facts】

On January 26, 2020, at around 01:26, the Defendant driven the EM7 car from around 600 meters from the road to the front road of the D Hospital after he was under the influence of alcohol of 0.169% of blood alcohol concentration.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of retoxicated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and notification of the results of the control of driving under the influence of alcohol;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes attached to two summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Suspension of Execution: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act to which statutory penalty is raised, the strict consideration of all the factors for sentencing as shown in the records and arguments, including the degree of the common sense that the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., and the fact that it is difficult to recognize and not repeat the act of drunk driving: