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

On October 23, 2017, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net order support.

On January 10, 2020, at around 21:45, the Defendant driven a Clearning car in the state of alcohol alcohol concentration of about 0.034% from the 1km section from the 21km-si B apartment road to the sloping-lane located in the same Eup.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification of the same type of punishment), 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The statutory punishment has been continuously aggravated due to the danger of drinking alcohol driving and changes in the legal sentiment of the citizens, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act; the Defendant, even though having been sentenced to a fine due to drinking alcohol driving in around 2017, he/she also run a drunk driving in spite of the fact that the blood alcohol level is not higher than 0.034%; the Defendant’s age, character and conduct, environment, family relationship, and the circumstances leading to the instant crime and the various conditions of sentencing indicated in the instant arguments and records, such as the circumstances leading to the instant crime, etc., shall be determined as ordered by the disposition.