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

[criminal power] On November 2, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Gwangju District Court’s wooden branch on November 2, 201. On July 26, 2011, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

【Criminal Facts】

On April 4, 2020, at around 23:58, the Defendant driven a F low-speed car with approximately 150 meters alcohol concentration at approximately 0.145% while under the influence of alcohol at approximately 0.145% from the 150-meter section prior to the point of Cheongan-gun, Seoul, the Republic of Korea, to the front road of the E Hospital located in D.

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. Detection report on the violation of the Road Traffic Act, report on the circumstances of a driver of a driver of a driver’s license, report on the circumstances of a driver of a driver’s license, investigation report, notification of the results of the control of a driver’s license, details of reports on the detection and management of a driver’s license, details of reports on the detection of a driver’s license

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Act on Suspension of Execution: The reason why there is a strict need for the act of drinking alcohol driving in light of the social danger of drinking alcohol driving and the purport of the revision of the Road Traffic Act, which is raised by statutory penalty; circumstances favorable to the punishment of drinking alcohol driving on three occasions: The fact that there is no excess criminal power of fines; the fact that there is no excess criminal power of fines; and all the sentencing conditions shown in the records and arguments including the degree of drinking alcohol, the defendant's age, character and behavior, environment, and circumstances after the crime, etc.