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 became final and conclusive.

Punishment of the crime

[Criminal Power] On November 21, 2011, the Defendant was issued a summary order of a fine of three million won by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 25, 2020, at around 20:0, the Defendant driven the EMW car under the influence of alcohol level of about 0.153% in the section of approximately 8 km from the front of the road in Gangnam-gun, Gangnam-gun, D, to the front of the same military road.

Accordingly, the defendant violated his duty not to drive alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Before ruling: Application of criminal history records, reply reports, investigation reports, 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. The reason for the suspended sentence under Article 62(1) of the Criminal Act is to increase the risk of citizens' traffic safety and thus, the necessity of strict punishment is high, and the defendant separates his fault, and the sentencing balance with the criminal records of the defendant, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status and the possibility of recidivism are determined by comprehensively taking account of the various conditions of sentencing as shown in the records and arguments of the case.