A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On September 3, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 5 million for the same crime at the same court on October 21, 2013.

On December 18, 2020, the Defendant driven a horse-free car with alcohol content of about 0.126% at a distance of about 150 meters from the boundary of the C mine located in Gwangju Mine District to the E-road located in the same Gu, from around the point of the C mine located in Gwangju Mine District, the Defendant driven a horse-free car with alcohol content of about 150 meters.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Statement on the circumstances of the driver who is to be placed in the main place; and

1. Notice of the result of regulating the driving of drinking alcohol, 112 report processing table;

1. Each investigation report (referring to a report on the situation of the driver in charge / a person who reports the driver in charge of drinking and requests a statement by proxy driver in telephone);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture is three times, and the fact that the blood alcohol concentration level is relatively high is a driving under the influence of alcohol.

However, the fact that the defendant is against the law, that the driver's vehicle is returned to the company while eradicating the driving of drinking, and that there is no record of criminal punishment exceeding the fine is favorable.

In addition to the above circumstances, the punishment as described in the disposition shall be determined in consideration of all the sentencing conditions, such as the course and process leading to driving of the drinking of this case, the age, sex, environment, family relation, etc. of the defendant.