A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal power] On June 9, 2017, the Defendant issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court's net support on the same day, as well as two times in total.

【Criminal Facts】

On June 26, 2020, the Defendant driven D's low-pollution car while under the influence of alcohol level of 0.115% at the Hanman-si B apartment Cdong parking lot around 00:44.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: A copy of each summary order and the application of the Acts and subordinate statutes which make it possible to control drinking driving;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, character and conduct; (c) character and conduct; (d) the Defendant’s previous conviction (which has been sentenced twice to a fine for the same kind of crime); (c) the distance of drinking driving; and (d) the circumstances after committing