A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 19, 2008, the Defendant received juvenile protective disposition from the Gwangju District Public Prosecutor's Office due to a violation of the Road Traffic Act (driving). On December 18, 2018, the Defendant issued a summary order of KRW 3 million from the Gwangju District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 17, 2019, at around 12:37, the Defendant driven an Epote vehicle at a distance of 100 meters from the front side of the construction site C located in the Jeonnam-gun B to the restaurant parking lot.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and one summary order;

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. Selection and punishment of a criminal defendant's act is imposed by taking into account the circumstances unfavorable to the defendant's records of drinking alcohol driving and blood alcohol concentration, such as the statement of the criminal records in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant has no record of punishment exceeding the fine prior to the crime of this case, and a suspended sentence is imposed in consideration of favorable circumstances, such as the fact that

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the details of crackdown, the age, character and conduct, environment, circumstances after the crime, etc.