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

[Criminal Power] On February 2, 2012, the Defendant was sentenced to a fine of KRW 2 million for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on February 2, 2012

【Criminal Facts】

On September 28, 2019, around 21:23, the Defendant driven an Erenic car while under the influence of alcohol of about 0.182% of alcohol concentration at the 3km section from the G apartment parking lot in the Hanman City to the front road in the same city 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. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. According to the amendments to the grounds for sentencing under Article 62-2 of the Criminal Act, the statutory punishment strengthened by the Road Traffic Act, the same criminal records of the defendant, the time interval with the previous drinking driving force of the defendant, the degree of blood alcohol concentration of the defendant at the time of driving of the case, whether the accident occurred, whether the defendant's driving distance, whether the defendant's family relation is against the defendant, etc., shall be determined by comprehensively taking account of the various sentencing conditions