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

On January 26, 2012, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On July 7, 2020, at around 04:15, the Defendant driven an E- seven vehicle under the influence of alcohol with a blood alcohol concentration of about 0.094% at the 30km section from the Do preceding the Cju point in the Mayang-si B to the front road in the Mayang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the register of driver's licenses made once as a result of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the defendant has a history of criminal punishment on several occasions due to drinking or driving without a license, and again, he/she has driven without a driver's license.

However, under the circumstances, the defendant seems to have an attitude that the defendant would not drive under the influence of alcohol again while reflecting his/her own mistake, and the defendant's attitude also complaining of the defendant's attitude not to drive under the influence of alcohol, etc., the defendant's age, character, character, environment, criminal records, circumstances and results of the crime of this case, and the circumstances after the crime, etc. shall be determined by taking into account the various sentencing factors in the records, such as the defendant's age, character and behavior,