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 December 4, 2018, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On October 23:18, 2019, the Defendant driven an E-to-purd motor vehicle under the influence of alcohol concentration of about 0.102% in a section of about 100 meters from the roads in front of the building B at Macheon-si to the roads in front of the Dju shop located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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 defendant's driving under the influence of alcohol again while under the influence of alcohol is negative.

However, the defendant seems to have a attitude to refrain from driving under the influence of alcohol again while reflecting his mistake in depth, the defendant was engaged in the freight transport business, but his license was revoked due to the revocation of drinking under the influence of alcohol in this case, and the defendant's age, character and conduct, environment, background and consequence of the crime in this case, and various sentencing conditions in the records, such as the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances: