A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 23, 2018, the Defendant was issued a summary order of a fine not exceeding four million won for a crime of violating the Road Traffic Act at the Gwangju District Court.

On October 11, 2020, under the influence of alcohol level of 0.132% among blood transfusion around 23:50, the Defendant driven Csch Rexroth car over a three-km section from the front side of the Balp of the Gwangju Mine-gu Balp, Gwangju-gu, to the 2nd road of the Seo-gu, Seo-gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's report on the actual state of his/her driver's oral statement;

1. A report processing table 112 inquiry of the results of crackdown on driving of drinking in the ledger using the drinking measuring instruments;

1. An accident situation photograph;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the case subject to summary order disposition) 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 reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education is not only the same as the Defendant stated in the judgment, but also there is the power to be punished for driving without a license in 2019, which is short of time distance from the previous drinking driving power, the alcohol concentration level in blood is relatively high, and the defendant's external wall of the Tolbrate charge charge may cause an accident of human life due to the occurrence of an accident where his/her vehicle can be recovered, in light of the fact that the reason for sentencing under Article 62-2 of the Order to Attend Education may cause an accident of life.

However, in consideration of the fact that the defendant is against the nature of the defendant, there is no record of being punished for more than a suspended sentence due to drinking driving, and the fact that the driver scraps the accident vehicle while eradicating the drinking driving, the punishment as described in the order shall be determined.