A defendant shall be punished by imprisonment for a term of one year and two months.

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 Records] The Defendant was sentenced to a suspended sentence of two years in August 21, 2016 by the Gwangju District Court on September 21, 2016 for a crime of violating the Road Traffic Act.

[2] On March 19, 2020, the Defendant driven a B-A-car under the influence of alcohol leveling 0.054% from approximately 150 meters away from the section of 150 meters to the road near the stadium, Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, to the roads near the World Cup Stak-ro.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of suspect drinking skills) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Criminal Procedure Act is based on a comprehensive consideration of all factors of sentencing as shown in the pleadings of this case, including the following circumstances and the Defendant’s age, sex, environment, family relation, motive for the crime, means and consequence of the crime, and the circumstances after the crime, and the sentence is determined as ordered.

The unfavorable circumstances: The circumstances that are favorable to the driving of the vehicle without being sentenced to a suspended sentence of imprisonment due to the driving of alcohol and the traffic accident resulting therefrom are recognized and reflected by the person: The degree of alcohol concentration in the blood at the time of detection was relatively high; there was no special circumstance to realize the risks of the vehicle due to the fact that the vehicle was discovered to control the simple driving of alcohol; the driving distance was not long; and the previous one was not prior to the previous one.