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

Some of the facts charged were corrected.

On August 20, 2008, the Defendant had a record of being sentenced to a fine of one million won for a violation of the Road Traffic Act, and a fine of 1.5 million won for the same crime in the above court on October 24, 2008.

Nevertheless, at around 04:36 on November 22, 2019, the Defendant, while under the influence of alcohol at least 0.080% of blood alcohol concentration, violated the ENAS car prohibition regulations by driving the ENAS car at approximately 1km from the front side of the DNA apartment at the same time on the road located in Gwangju City, the roads located in Gwangju City up to approximately 0.080%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, report on the situation of the driver, criminal records of the drinking driving control, and criminal records inquiry reports (the confirmation of the same kind of power and investigation records 61 pages);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the provision of community service and order to attend lectures are as follows: (a) the Defendant driven a car in the state of the second blood alcohol concentration of 0.080% even though he had a record of being sentenced to a fine around August 200, around August 2008, and around October 2008, even though he had a record of serving a fine.

It shall be taken into account the fact that the defendant's mistake is recognized, and there is no other criminal records other than four times of a fine due to the above previous conviction and the crime committed by the crime, and other circumstances such as the age, character and conduct, environment, motive, means and result of the crime, etc. of the defendant, the punishment as ordered shall be determined in consideration of the circumstances after the crime.