A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On November 13, 2006, the Defendant was issued a summary order of a fine of 4 million won at the Gwangju District Court due to a violation of the Road Traffic Act (Refusal of measurement), etc., and on September 25, 2008, the Defendant was sentenced to a suspended sentence of 2 years for a period of 8 months by the same court due to a violation of the Road Traffic Act (driving).

On June 7, 2020, at around 02:25, the Defendant driven D K7 car under the influence of alcohol level of about 0.132% in the section of about 50 meters from 00 meters from the insane area of the Gwangju Mine-dong to the front roads of C Hospital located in the same Gu B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. 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 investigation reports (Attachment to the same type of electric records, etc.);

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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, with the reason of sentencing of Article 62-2 of the Criminal Act, once again drives under the influence of the same kind of crime, such as drinking driving and refusing to measure drinking, it is inevitable to choose a sentence of imprisonment.

However, in full view of the following facts: (a) there is a considerable interval between the previous criminal act and the instant criminal act; (b) the blood alcohol concentration at the time of the instant criminal act; (c) the background leading up to the drunk driving; (d) the distance and place during which the instant criminal act was conducted; and (e) the Defendant’s age, character and conduct; and (e) the circumstances before and after the instant criminal act, a suspended sentence shall be imposed