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

The Defendant was issued a summary order of KRW 2 million at the Gwangju District Court on March 25, 2015, fine of KRW 3 million on March 25, 2015, and fine of KRW 2 million on June 19, 2018.

On January 14, 2020, at around 21:45, the Defendant driven an automobile E 9m from the Do before the G funeral hall in Seo-gu, Seo-gu, Gwangju to approximately 50 meters from the Do in front of the Seo-gu, Gwangju to the Do in 0.18% alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although a suspended sentence of imprisonment is imposed in consideration of the circumstances such as the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of community service and lecture attendance order has not been punished by a fine or a heavier punishment, and that the defendant is pening his mistake, the defendant has past records of criminal acts of the same kind twice, and two years have not yet passed from the date of the final criminal act of the same kind, and so a drinking driving is again ordered to attend the community service and law-abiding lecture.