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 April 19, 2017, 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 April 13, 2020, the Defendant driven a F K7 car at approximately 100 meters from the front of the C Hospital located in Gwangju Mine-gu to the front of the E Park located in the same Gu, while under the influence of alcohol of 0.122% of blood alcohol level on April 13, 2020.

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. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related 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. In the case of sentencing of Article 62-2 of the Criminal Act, the records of the criminal defendant for the same offense (the first time is not subject to punishment under the above applicable provisions of law), the degree of blood alcohol, the background leading up to the drunk driving, the distance and place of the drunk driving at the time of the crime of this case, and the fact that the defendant separates his mistake, and the punishment shall be determined as ordered, taking into account the age of the defendant, character and conduct, and circumstances before and after the crime of this case and all of the sentencing conditions shown in the records and arguments of this case.