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 June 9, 2020, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's net support.

At around 22:04 on June 16, 2020, the Defendant driven a DNA car while under the influence of alcohol level of 0.046%, even though it was in the state of suspending the validity of the driver's license on the front of the C convenience store located in Flue City B.

Summary of Evidence

1. Statement of the defendant's legal statement, the circumstantial statement, and the results of the drinking driving control;

1. Previous records on the register of driver's licenses and the details of disposition of suspension of driver's licenses: Application of criminal records, inquiry reports, and summary order statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act was found to have been driven under the influence of alcohol on March 14, 2020 and immediately after the issuance of a summary order of a fine of KRW 2 million on June 9, 2020, the defendant was driven under the influence of alcohol, and the risk of the suspension of driver's license is very high.

However, the defendant seems to have a attitude to refrain from driving under the influence of alcohol again while reflecting his own mistake, and the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and other various conditions of sentencing shown in the records, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors: the defendant's age, character and environment, the circumstances after the crime, etc.