A defendant shall be punished by imprisonment for one year.

except that 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

On May 11, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court.

Nevertheless, at around 21:55 on January 2, 2020, the Defendant driven a d bargaining car in the state of alcohol alcohol concentration of approximately 0.074% from the 200-meter section from the Bagpo City B apartment road to the front of the same Simotour road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of the crackdown on drinking;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of sound driving records);

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. It is not easy that a crime has been committed in the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, even if having been punished several times, and that the crime has been committed again.

Therefore, the punishment of imprisonment shall be imposed with prison labor, and the execution of the punishment shall be suspended only once taking into account all the circumstances such as the defendant's age, sex, family environment, etc., in addition to the punishment of fines for two times due to drinking driving, there is no history of punishment for a crime, and the previous conviction for drinking driving is about 11 years.