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 28, 2010, the Defendant was sentenced to four months of imprisonment for violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court, and three times of total of the same force.

【Criminal Facts】

On December 18, 2019, at around 14:45, the Defendant driven a Eban vehicle while under the influence of alcohol with approximately 0.056% of alcohol level from the 1km section to the D front road in the C cafeteria in Gangnam-gun, Gangnam-gun, Gangnam-gun.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and report on the control of drinking driving;

1. Criminal records: Application of inquiries, such as criminal records, and investigation reports, and 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 Social Service Order Criminal Act is to increase the risk of citizens to traffic safety, and thus, a severe punishment is required. The defendant has several records of punishment for the same kind of crime, the defendant has been sentenced to the execution thereof, the defendant recognizes his mistake and seriously reflects the distance of the defendant's driving, the defendant's previous conviction for the same kind of crime for the long time for more than 10 years, balance with the sentencing of the same crime, the criminal records of the defendant, the criminal records of the defendant, the nature and risk of the crime of this case, the background and degree of the crime, the defendant's family relationship, the health status, and the possibility of recidivism, etc. shall be determined by taking full account of the various factors of sentencing as shown in the records and arguments of this case.