A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On September 17, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on September 17, 201, and KRW 4 million for the same crime in the same court on December 1, 2014, respectively.

On September 15, 2020, the Defendant driven a car in Fcoon even under the influence of alcohol level of about 0.086% in the blood alcohol level from around 21:45 to the front road of E in the same city as D from around 1km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement report on the circumstances of a driver driving a drinking, a survey report on the actual condition of drinking restrictions, and a photograph on the scene of an accident;

1. Previous conviction: Application of a written inquiry, such as criminal history, and of each summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was subject to criminal punishment several times due to drinking and driving without a license. In particular, on June 9, 2016, the Defendant caused an accident while driving under the influence of alcohol again even though he/she had been sentenced to imprisonment for four months due to driving without a license on June 9, 2016, and one year of a suspended sentence.

However, the defendant seems to have a profound attitude against his mistake, and again does not drive drinking again.

In light of the favorable circumstances such as the disposal of the vehicle possessed by the vehicle, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, sex, environment, family relationship, criminal history, the circumstances and results of the crime in this case, and the conditions of various sentencing as shown in the records.