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 January 22, 2013, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On January 9, 2020, at around 23:10, the Defendant driven CMW car in the state of alcohol of about 0.091% of blood alcohol concentration from the 5km section from the front of a cafeteria in Seo-gu, Seo-gu, Seo-gu, Gwangju to the front of the same city B.

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. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions in judgment: Criminal history inquiry and application of Acts and subordinate statutes of each 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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order are unlicensed driving as well as drunk driving, it is inevitable to choose a sentence of imprisonment. However, in consideration of the circumstances such as blood alcohol volume at the time of the crime of this case, reasons for drinking driving, the distance and place of drinking driving, the passage time from the date of the final crime of the same kind, and the fact that the defendant separates his mistake, a suspended sentence shall be imposed.