A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On November 5, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Gwangju District Court on November 12, 2012, a fine of two million won for the same crime at the same court on November 12, 2012, and two years of suspended sentence for six months in the same court on July 12, 2013 and six months in imprisonment for the same crime at the same court on May 15, 2014, respectively.

【Criminal Facts】

At around 00:50 on August 18, 2020, the Defendant driven a F benz car in the state of alcohol alcohol concentration of about 500 meters from the road front of the Eju shop located in Gwangju Northern-gu, to the road front of the Eju shop located in Gwangju Northern-gu, the Defendant driven a F benz car in the state of alcohol level of about 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous conviction: Application of Acts and subordinate statutes to the Gwangju District Court 2014 high-class 557, Gwangju District Court 2014No1224, Gwangju District Court 2013 high-class 2199, Gwangju District Court 2012 high-class 2861, Gwangju District Court 2012 high-class 2861, and summary order 2689

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) even though the Defendant had been sentenced to imprisonment with prison labor due to a drunk driving crime, as stated in the judgment of the court below, the Defendant committed the instant crime; and (b) the blood alcohol concentration level of the instant case is relatively high; (c) the Defendant is sentenced to imprisonment with prison labor; (d) the Defendant is recognized to commit the instant crime; (e) comprehensive consideration of the motive and circumstances leading up to the instant crime; (e) the circumstances following the instant crime; (e) the Defendant’s family relationship, health status, possibility of recidivism; and