A defendant shall be punished by imprisonment for a term of one year and four months.

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 October 5, 2010, the Defendant was issued a summary order of KRW 3 million for the violation of the Road Traffic Act, etc. in the Gwangju District Court's Netcheon Branch on October 5, 2010.

On August 13, 2019, at around 04:20, the Defendant driven ECo or car while under the influence of alcohol with approximately 0.108% of blood alcohol concentration from the 1km section to the front roads of the same city from the Mayang-si B market parking lot to D.C.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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 defendant's criminal records (the existence and frequency of the same kind of power, the interval between the time and the immediately preceding same kind of power, etc.), the nature of the crime of this case, the degree of the defendant's blood alcohol concentration at the time of driving of this case, the circumstances leading to the control of the crime of this case, the defendant's reflectivity, family relations, etc., and other various sentencing conditions specified in the records and arguments of this case shall be comprehensively determined in the same sentence as the order.

It is so decided as per Disposition for the above reasons.