The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On December 27, 2017, the Defendant was issued a summary order of KRW 4,00,000 for a crime of violating the Road Traffic Act at the Gwangju District Court on December 27, 2017.

[Criminal facts] On November 23, 2020, the Defendant violated the provision prohibiting drinking driving by driving a F A6 vehicle under the influence of alcohol level of about 0.294% while under the influence of alcohol level from around 300 meters to E-way located in Gwangju Seo-gu, Seo-gu, Gwangju around November 23, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the same Act (see, e.g., Supreme Court Decision 201Da1448, May

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;