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 30, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Jeju District Court, and a summary order of KRW 2.5 million as a fine from the Gwangju District Court's Netcheon Branch on November 28, 201 to the same crime, respectively.

On July 31, 2020, at around 01:28, the Defendant driven a D low-speed car with approximately 2 km alcohol concentration of 0.181%, while under the influence of alcohol, from around 01:28 to the three roads of “C” in the same city, “C” in the same city.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. A written appraisal;

1. Previous conviction in judgment: Application of Acts and subordinate statutes of one copy of a summary order, including criminal history records, Gwangju District Court Decision 201 High Court Decision 201 High Court Decision 8696, and Jeju District Court Decision 209 High Court Decision 9267, and one copy 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the cases where he/she commits an error, etc.);

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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