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 April 16, 2012, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had the power of violating Article 44(1) of the Road Traffic Act, at around September 10, 2019, the Defendant driven Eina car in a state of alcohol of about 0.035% of alcohol concentration from the G parking lot of Gwangju Mine to the roads of D in the same Gu C from around 300 meters to the roads of D in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report;

1. The circumstantial statement of the employee;

1. Investigation report (related to the application of the Tramark formula);

1. Previous convictions in judgment: Application of summary order and the Acts and subordinate statutes of the ordinary inquiry case;

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.