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

On October 21, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act at the Jung-gu District Court on 201 October 201, and on November 11, 2016, the Defendant was sentenced to a suspended sentence of one year for the same crime at the Sung-nam Branch of Suwon District Court on 3 times more.

Criminal facts

On August 4, 2020, at around 01:15, the Defendant driven approximately 20 meters of the C Orus vehicle on the front side of Gwangju City, while under the influence of alcohol with a blood alcohol concentration of 0.089%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of the regulation of drinking driving, and field photographs;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related 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. The Defendant, for the reason of sentencing Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he had the record of being punished for drinking alcohol driving.

In light of the fact that the force of drinking driving is up to three times, in 2016, the fact that the sentence of the suspension of the execution of imprisonment was imposed due to drinking driving, the attitude to reflect is shown, the circumstances that can be considered in the situation of drinking driving, the odometer is over two meters, and the mileage is over two meters at the time of enforcement, and the danger of driving was not high.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.