A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for the violation of the Road Traffic Act, etc. in the Gwangju District Court's wooden branch.

Nevertheless, at around 11:52 on October 26, 2019, the Defendant driven a FM5 vehicle while under the influence of alcohol with approximately 460 meters alcohol concentration of about 0.129% from the Do in front of C, located in the same city D, to the front road in the same city D.

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. Report on the circumstantial statements of a drinking driver, circumstantial report, notification of the results of drinking control, and ledger of the use of a drinking-free measuring instrument;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);

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

1. Article 62 (1) of the Criminal Act;

1. Finally, the execution of a sentence shall be suspended at once only in consideration of the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not minor, but it is against the criminal facts, and there is no record of punishment heavier than the fine for the same kind of crime, and the social service work shall be ordered in a sense of self-esteem;