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 October 14, 2016, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On 01. 04. 21. 01. 01. 21. 2020, the Defendant driven a D low-speed car under the influence of alcohol concentration of 0.073% on the front of the Cju store in Macheon-si B.

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 convictions indicated in judgment: Criminal history records, inquiry reports (suspects' previous records and attachment of summary orders) - Application of summary order 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of an order under the influence of alcohol again is negative even though the defendant had a history of criminal punishment due to drinking driving.

However, under the positive circumstances, such as the defendant's attitude to reflect his mistake in depth, and the fact that the defendant is expected not to drive a drinking again, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records, such as the defendant's age, character, environment, criminal records, the circumstances and result of the crime in this case, etc.