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 of the final judgment.

Punishment of the crime

[criminal power] On February 16, 2009, the Defendant issued a summary order of KRW 500,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 1 million as a fine in the same court on December 23, 2016.

【Criminal Facts】

On September 24, 2020, the Defendant, while under the influence of alcohol at 0.079% of blood alcohol concentration, driven the Fbee-cracked car over a section of about 300 meters from Gwangju Mine-gu D and E from the roads of Gwangju Mine-gu to the roads of about 00 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the circumstantial statements of drivers, and inquiries into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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.