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 April 11, 201, the Defendant was issued a summary order of KRW 700,000 for a fine of KRW 100,00 for a violation of the Road Traffic Act in the Gwangju metropolitan District Court’s support on April 11, 201, and a summary order of KRW 5 million for the same crime in the same court on December 15, 2017, respectively.

【Criminal Facts】

On August 28, 2020, at around 03:00, the Defendant driven a FM7 car under the influence of alcohol concentration of about 0.106% at the 1km section from the front of the C Hospital located in Gangnam-gun, Gangnam-gun, Seoul to the front of the E-ray located in D in the same Gun to the road.

Accordingly, the defendant violated his duty not to drive alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and report on the control of drinking driving;

1. Before ruling: Application of criminal history records, reply reports, investigation reports, and 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.