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 January 17, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On April 14, 2020, at around 00:05, the Defendant driven D SP motor vehicle under the influence of alcohol concentration of 0.157% on the front of “C” located in Gwangju Northern-gu B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and other statutes;

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. On the grounds of sentencing under Article 62(1)1 of the Criminal Act, Article 62(1)1 of the Act on the Suspension of Execution and Order to Attend the same kind of crime by the defendant, blood alcohol concentration at the time of the instant crime, the circumstances leading to the drinking driving, the distance and place of the drinking driving, and the circumstances leading to the Defendant’s mistake, taking into account the Defendant’s age, character and conduct, and circumstances before and after the instant crime, and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.