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 17, 2017, the Defendant is a person with the record of receiving a summary order of a fine of five million won or more for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on July 17, 201, and a summary order of 2.5 million won or more for the same crime in the same court on June 21, 2010.

On December 14, 2019, at around 14:27, the Defendant driven a DNA car at approximately 900 meters from the front road of the Briart to the front road of the Cri village in the same city, with a blood alcohol concentration of about 0.041% under the influence of alcohol.

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 statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on confirmation of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, although previous and three times the fine is not previous;

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