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 October 7, 2016, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court’s Support on the grounds of the violation of the Road Traffic Act, etc. on September 20, 2016; KRW 2 million as a fine for the same crime at the Gwangju District Court’s District Court on September 20, 2016; KRW 5 million as a fine for the same crime, etc. on August 13, 2009; KRW 1 million as a fine for the same crime at the same court on May 9, 2005; and KRW 2.5 million as a fine for the same crime in the Gwangju District Court’s Netcheon Branch on September 26, 200, respectively.

【Criminal Facts】

On May 24, 2020, at around 23:40, the Defendant driven a fa-purd vehicle with a blood alcohol concentration of about 0.083% under the influence of alcohol at the section of approximately 1k from the front road in Gwangju Dong-gu, to the front road in Nam-gu, Nam-gu, Dong-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a driving driver, and report on the control of drinking driving;

1. Before ruling: Application of criminal history records, reply reports, investigation reports, and Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act is to increase the risk of citizens' traffic safety, and thus, the necessity of strict punishment is high, and the defendant separates his mistake, and the sentencing balance with the criminal records of the same kind, the criminal records of the defendant, the criminal records, the background of the crime, the degree of taking the principal, the defendant's age, family relationship, health status, and various conditions of sentencing specified in the records and arguments of this case shall be determined by comprehensively taking into account the following factors.