A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[Criminal Power] On September 17, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On May 31, 2020, at around 00:26, the Defendant driven a car under the influence of alcohol at approximately 2.2 km section from May 31, 202 to the front road of the D Elementary School located in the same city C, while under the influence of alcohol at about 0.169%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol density at the time of the instant case; (b) the Defendant’s age, character and conduct, environment, criminal records (at the same time, there is no record of criminal punishment exceeding a fine, but there is no record of criminal punishment exceeding a fine); (c) the distance of drunk driving; and (d) the circumstances after the crime, etc.; and (b