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 April 9, 2014, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 24, 2020, at around 11:35, the Defendant driven a F 5 vehicle while under the influence of alcohol with approximately 0.178% alcohol concentration at the 3km section from the front of the road located in the Jeonsung-gun, Jeonsung-gun, Seoul, to the front road in the Jeonyang-gun D.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of summary order Acts and subordinate statutes to the Gwangju District Court 2014 high-level 3991;

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.