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 April 27, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Cheongju District Court, and on December 19, 2008, a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the same court.

On July 29, 2020, the Defendant driven a Frop vehicle from “C” in Gwangju-si B on July 29, 2020 to “D apartment E-dong,” while under the influence of alcohol of about 0.131% of alcohol level at the 1km section of D apartment in Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal, a report on internal investigation as a result of the control of drinking driving (the reason why the drinking alcohol is measured and accompanying photographs); - Photographs; and

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act was found to have been discovered while driving a vehicle under the influence of alcohol once again while driving the vehicle under the influence of alcohol even though the defendant had a history of criminal punishment on several occasions due to drinking alcohol, and the risk thereof is considerably high.

However, under the circumstances, such as the defendant's attitude to reflect in depth on his mistake, that he disposes of the vehicle that he held while making a decision not to drive under the influence of alcohol, that there is no other penalty power than the previous conviction in the judgment, and that ten years or more have passed from the above previous convictions, the defendant's age, character, character, environment, family relationship, criminal record, circumstances and result of the crime of this case, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions in the records such as the circumstances after the crime