A defendant shall be punished by imprisonment for two years.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On May 24, 2010, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 24, 2010 and two times in total.

【Criminal Facts】

On April 5, 2020, at around 09:57, the Defendant driven DK5 car under the influence of alcohol concentration of 0.224%, while under the influence of alcohol, on the side of Cmiddle School located adjacent to Cmiddle School B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on 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 former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (including records of being fined for the same kind of crime); (c) the distance of drunk driving; and (d) the circumstances after the instant crime, and all the sentencing factors specified in the trial