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 September 30, 201, the Defendant received each summary order of KRW 3.5 million from the Changwon District Court on September 30, 201, for the crimes of violation of the Road Traffic Act (driving of Drinking), and on April 2, 2012, for the crimes of violation of the Road Traffic Act (driving of Drinking) at the Changwon District Court on April 2, 201.

Nevertheless, the Defendant, while under the influence of alcohol at around 01:38 on February 19, 2020, committed a violation of the Epoter II provision on the prohibition of drinking driving on two or more occasions at a section of about 500 meters from the front roads located in the same city C at the parking lot of Gwangju City, Gwangju Building, to the front roads located in the same city C.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, report on the situation of the driver, criminal records, notification of the results of the crackdown on drinking driving, and investigation report (the confirmation of criminal records of the same kind of crime and investigation records 37 pages);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 grounds of the order to provide community service and attend lectures is for drinking driving in 2003, the Defendant was under the influence of alcohol in 201, following the damage of property due to drinking driving in 201, and each fine was imposed due to a traffic accident due to driving without a license in 2012, and driving the freight vehicle under the influence of alcohol in 0.060%.

It shall be taken into account the fact that the defendant's mistake is recognized, the defendant has no record of punishment for the same kind of crime other than the above previous conviction, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime shall be determined as ordered by the order.