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

【Criminal Power】 On June 7, 201, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Gwangju District Court’s wooden branch on June 7, 201, and a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act in the same court on April 1, 2019, respectively.

【Criminal Facts】 Around 15:40 on August 29, 2019, the Defendant driven a DNA car in the state of alcohol with a blood alcohol concentration of 0.085% from the 8km section from the front of Sinpo-si B to the front of Sinam-gun C apartment road.

In the 8km section, D'a car was driven under the influence of alcohol with 0.085% alcohol concentration.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the crackdown on drinking driving, and inquiry into the results of the crackdown on drinking driving;

1. Previous records: Criminal records, etc. and the application of double-entry Acts and subordinate statutes of two copies of a 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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant had been punished twice due to drunk driving, but repeated drinking driving.

In light of the criminal records of the defendant and the social risk of drinking driving, it is necessary to punish the defendant strictly.

However, the sentencing conditions shown in the records and arguments, such as the fact that the defendant reflects the mistake, the fact that there is no other criminal records other than the above criminal records, shall be considered as favorable to the defendant, and the circumstances of sentencing as ordered shall be determined in consideration of the circumstances and degree of the drinking driving, the age, character and conduct, environment, family relations, etc. of the defendant.