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 September 30, 2016, the Defendant was issued a summary order of a fine not exceeding 6 million won for a violation of the Road Traffic Act (driving) at the wooden Branch of the Gwangju District Court.

【Criminal Facts】

On April 5, 2020, the Defendant driven BN-si car from around 1 km to the roads of the Franchi City in the Yan-gun, Sampo-gun, Sampo-gun, Sampo-gun, Sampo-do, a 0.15% alcohol concentration, while under the influence of alcohol at around 0.115%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Criminal records and investigation reports (former record of sound driving) - Application of Acts and subordinate statutes of one summary order;

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. Probation under Article 62-2 of the Criminal Act;