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 September 9, 2009, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net fishing support.

On April 9, 2020, the Defendant driven an E 9 vehicle while under the influence of alcohol with approximately 0.068% of alcohol concentration at a section of about 100 meters from the Do in front of the C cafeteria in the Macheon City B to the front of the D Do hotel in the same city.

Summary of Evidence

1. Statement of the defendant's legal statement, the circumstantial statement, and the results of the drinking driving control;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of each summary order;

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 alcohol again while drinking alcohol is negative even though the defendant had a record of criminal punishment on several occasions due to drinking alcohol.

However, in light of the circumstances such as the defendant's age, character and behavior, environment, criminal records, circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the records, such as the defendant's age, character, environment, criminal records, circumstances after the crime, etc.