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 May 23, 2011, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Jeonju District Court on May 23, 201, and a summary order of KRW 3 million to a fine at the same court on April 24, 2012, respectively.

Nevertheless, at around 03:57 on May 15, 2020, the Defendant driven a D U-di vehicle while under the influence of alcohol leveling 0.078% from the 20-meter section from the front road of Yansan-gu, Seoul Special Metropolitan City to the front road of the same Gu C.

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

Summary of Evidence

1. Legal statements made by the defendant, reports on the circumstances of the driver, and notification of the results of the drinking driving control;

1. Previous records: Application of inquiries, such as criminal records, and summary order 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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the court shall decide as ordered in consideration of the Defendant’s age, character and behavior, environment, and circumstances revealed in the trial process and records, including the Defendant’s age, character and behavior, and circumstances after the crime (including reflective attitude) and various sentencing conditions revealed in the trial process, such as the Defendant’s records and trial process.