A defendant shall be punished by imprisonment for one year.

except that 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 October 4, 2011, the Defendant was sentenced to two years of suspension of the execution of eight months of imprisonment with prison labor for the violation of the Road Traffic Act, etc. at the wooden Branch of the Gwangju District Court, and the judgment became final and conclusive on October 12, 2011.

【Criminal Facts】

On March 24, 2020, the Defendant, while under the influence of alcohol of 0.172% of blood alcohol concentration on March 24, 2020, driven a Fpoter vehicle at approximately 500 meters from the front of a cafeteria located in Yong-nam Cancer B to the front of the E in the same Gun D.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Violation of the Road Traffic Act (Report on detection of drinking alcohol), report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), notification on the results of the control of drinking driving (report on the results of measurements), consent to blood collection and confirmation, records of seizure, list of seizure, request for appraisal, request for blood appraisal, statement of request for appraisal and statement of blood alcohol, notification of the results of control of drinking driving (report on blood collection), and inquiry of the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, judgment, and application of Acts and subordinate statutes of one copy to the list of related cases;

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 (1) of the Criminal Act suspended execution: In light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act increased by statutory penalty, strict punishment is needed for the act of drunk driving, the circumstances favorable to the degree of drunk driving are against the fact that there is no criminal record other than the records of the crime under the judgment, and all the sentencing conditions shown in the records and arguments such as the age, character and behavior, environment, and circumstances after the crime are considered;