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 April 6, 2012, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

On February 15, 2020, at around 20:50, the Defendant driven a motor vehicle for dypnatum sofed from the front of the public playground located in Gwangju Metropolitan City, to the front of the C warehouse located in Gwangju Metropolitan City, to approximately 2km to the roads in front of the C warehouse located in Gwangju Metropolitan City, with a blood alcohol concentration of about 0.122%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control over the police interrogation protocol, report on the state of his/her oral statement, notification of the results of the control of drinking and driving, the register of driver's licenses, and making an inquiry into the accused;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that there are two times the history of drinking alcohol, the fact that blood alcohol content is high, the danger of drinking alcohol and the circumstances favorable to the necessity of punishment: The recognition of and reflects on the crime, other circumstances shown in the pleadings of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, and the sentencing conditions as prescribed in Article 51