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 October 27, 2014, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act from the Gwangju District Court's Net Branch on October 27, 201, and a summary order of two million won for the same crime in the same court on July 10, 2007.

On December 13, 2019, at around 13:45, the Defendant driven a D’s automobile with D’s blood alcohol content 0.049% under the influence of alcohol, from the front of the road located in C in B in the Southern-si, Nam-si to the front of the straight distance located in the same school-dong in the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and inquiry into the request for appraisal;

1. Records before judgment: Application of criminal records, etc., written inquiry and written summary order-related Acts 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 on the suspension of execution (such as the fact that there is no previous conviction exceeding a fine for negligence and that there is no previous conviction since 2014, the fact that a vehicle is transferred to another person not re-offending, the degree of blood alcohol concentration, driving circumstances, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;