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 July 6, 2009, the Defendant received a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act (driving) from the Sung-nam branch of Suwon District Court on July 6, 2009, and on September 22, 2016, the above court received a fine of KRW 5 million as the same crime.

Nevertheless, at around 19:40 on November 17, 2019, the Defendant driven D SP vehicle while under the influence of alcohol concentration of about 0.131% in the section of about 50 meters from the front road of the Gwangju City building to the front road of the Gwangju City building.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement E of the defendant in court;

1. For previous years as indicated in the report on the occurrence of traffic accidents, actual condition investigation report, circumstantial statement report, accident site photographs, driver's license register, and driver's license register of vehicles: The application of Acts and subordinate statutes to criminal records, investigation reports (as attachment to judgment);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the criminal records of the existing drunk driving, the occurrence of physical accidents due to the drunk driving, the danger of drunk driving and the circumstances favorable to the necessity of punishment: The recognition and reflect of the crime, and other circumstances shown in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and conditions of sentencing under Article 51 of the Criminal Act;