A defendant shall be punished by imprisonment for one year.

except that 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 March 23, 2009, the defendant was issued a summary order of a fine of one million won for the violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on two occasions in total.

【Criminal Facts】

around 14:03 on January 10, 2020, the Defendant driven an Epoter cargo vehicle under the influence of alcohol leveling 0.136% from a 500-meter section from the front road of the dwelling in Heunggu-gun B to the front road in C.

Accordingly, the Defendant violated the duty of 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, and report on the control of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens to traffic safety, which seriously reflects the need for strict punishment, the defendant's erroneous recognition of his/her fault, the distance of driving of the defendant is not long, the balance with the sentencing of the same crime, the criminal records of the defendant, the criminal records of the defendant, the nature and risk of the crime, the background and risk of the crime, the degree of the principal offender's family relationship, the defendant's health status, and the possibility of recidivism, and the various sentencing conditions specified in the records and arguments of the case shall be determined as the same sentence as the disposition.