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 became final and conclusive.

Punishment of the crime

On July 23, 2013, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of noise measurement) at the wooden Branch of the Gwangju District Court.

Nevertheless, at around 22:30 on December 4, 2019, the Defendant driven a B-hurged vehicle under the influence of alcohol level of about 400% from the section of the National Maritime Affairs and Fisheries, which was located in the peace road in the Sinpo City, to the maritime affairs and fisheries, located in 118 as the unification of Sinpo City.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on circumstantial statements of a drinking driver, reports on the control of drinking driving, inquiry into the results of the control of drinking driving, the current status of use of a drinking measuring instrument, criminal records, etc. and investigation reports (verification of suspect-like records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no punishment heavier than a fine and the power of punishment for the same crime has been seven years prior to the occurrence of the punishment for the same crime, and other factors such as character, conduct, family environment, and circumstances after the crime of the accused