A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 23, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act. On April 17, 2014, the Defendant was sentenced to a fine of KRW 3 million by the same court.

【Criminal Facts】

On December 21, 2019, the Defendant, while under the influence of alcohol around 05:45, 00% of blood alcohol concentration, driven approximately 1 km D strawet car from the G apartment parking lot in Gwangju Mine-gu to the next road in the same Gu C apartment.

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. The actual condition survey report;

1. A report on the actual state of the driver;

1. Investigation report (application of the Madmark Official Form and payment for physical damage);

1. Previous convictions: Application of summary orders and copies of written judgments;

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.