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 November 17, 2016, the Defendant received a summary order of KRW 1,500,000 as a fine for the violation of the Road Traffic Act from the Gwangju District Court's Netcheon Branch on November 17, 2016.

On November 14, 2019, at around 05:40, the Defendant driven a Fran vehicle under the influence of alcohol concentration of about 0.09% from the 1km section to the D apartment E-dong parking lot in the 1km-si, the Defendant was driving from the front of the Cju store in the Netcheon-si B.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2019Da14488, Apr. 1, 2011) (see, 201; Supreme Court Decision 201Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;