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

[Criminal Power] On June 26, 2012, the Defendant was issued a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

On November 15, 2019, around 02:50, the Defendant driven an E K3 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.124% at the section of approximately 2.5 km from the front of the B apartment in Sinpo City B apartment to the front of D inanan-gun C.

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. Statement of the police statement concerning F;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Previous for judgment: Criminal history records and other inquiries, investigation reports (Attachment to a summary order stating punishment records for traffic-related crimes of a suspect), and application of a copy of the summary order 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: In light of the social danger of drunk driving and the purpose of the revision of the Road Traffic Act, which is raised by statutory penalty, circumstances that recognize mistake and reflects the need for strict punishment for acts of drunk driving: The fact that there is no record of crime exceeding the fine, and other factors of sentencing as shown in the records and arguments, such as the degree of punishment and the age of the accused, character and conduct, environment, family relationship, etc.