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 July 5, 2016, the Defendant was sentenced to imprisonment for eight months and two years of suspended execution with respect to the crime of violating the Road Traffic Act in the Southern District Court of the Jeonju on July 5, 2016.

On December 3, 2019, at around 21:22, the Defendant driven a motor vehicle with a blood alcohol content of about 0.058% from around 50 meters to the front road of the building in Nam-gu, Nam-gu, Gwangju to the same Gu C, while under the influence of alcohol content of about 0.058%.

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. Notification of the control of drinking driving;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports, application of court rulings and other statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that Defendant was sentenced to a suspended sentence of imprisonment due to drunk driving, etc. in 2016, but the instant drinking driving again was conducted within a relatively short period of time, and that there were no circumstances to consider the circumstances of drinking driving. Therefore, a sentence of imprisonment is

However, the enforcement of the blood alcohol concentration (0.058%) is relatively low and the distance of drunk driving (50m) is relatively short, and its execution is deferred by comprehensively taking into account the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., as well as the sentencing conditions stipulated in Article 51 of the Criminal Act.