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.

Criminal facts

Some of the facts charged were corrected.

On June 16, 201, the Defendant has a record of being sentenced to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Sungnam Branch of Suwon District Court on June 16, 201, and a fine of KRW 7 million due to the same crime, etc. at the Ulsan District Court on September 24, 2012.

Although the Defendant violated the provision on the prohibition of drinking driving twice or more, on November 21, 2018, the Defendant driven a D bargaining car at approximately 1 km from the front road located in the city of Gwangju, in front of the place of Maternal Madow in Tae-dong, Gwangju, while under the influence of 0.201% of alcohol level around 08:25 on November 21, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not yet made, and results of confirmation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures was that the Defendant driven a car in the state of drinking alcohol concentration of the second blood alcohol level of 0.201% even when the Defendant was sentenced to a fine around 201 and around 2012 due to drinking driving, etc.

In both previous and previous cases, the case where the defendant was driving a motor vehicle while driving the motor vehicle under the influence of 0.183% and 0.174% of blood alcohol level.

The main circumstances are to be considered, but the defendant's attitude to recognize and reflect the defendant's mistake is to be taken into account, there is no other criminal records other than the defendant's fine imposed on three occasions, and other circumstances such as the defendant's age and character, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the circumstances after the crime.