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 January 16, 2007, the Defendant was issued a summary order of two million won for a crime of violation of the Road Traffic Act at the Jeonju District Court, and on June 7, 2010, the Defendant was issued a summary order of two million won for the same crime from the Gwangju District Court's Netcheon Branch.

On December 13, 2019, at around 21:45, the Defendant driven a Fpoter cargo vehicle while under the influence of alcohol content of about 0.069% at a section of about 300 meters from the road near the Gwangju Hospital B in the same city to the front of the D E elementary school in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and report on the results of the control of drinking driving;

1. Previous records: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes attached to two 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 (limited to the previous case but not the previous case exceeding the fine, and the previous case does not exist after 2010, taking into account the blood alcohol concentration, driving distance, etc. of this case);

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