A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On May 13, 2013, the Defendant issued a summary order of KRW 1,500,000 for a crime of violation of road traffic law (driving) at the Chuncheon District Court on May 13, 2013 (see, e.g., evidence record) and finally became final and conclusive (see, e.g., Supreme Court Decision 2013 High Court Decision 2093), and (ii) on December 17, 2014 (see, e.g., Supreme Court Decision 31th page of evidence record) and issued a summary order of KRW 4,00,00 for the same crime at the same court (see, e.g., Supreme Court Decision 2014 High Court Decision 2866

Criminal facts

On December 2, 2020, the Defendant driven C-V cars over about nine km from the G apartment parking lot in Chuncheon City to the road in front of Chuncheon City, in the state of alcohol concentration of 0.064% among blood (see, e.g., the evidence record No. 8) on December 15, 2020.

Summary of Evidence

1. Statement by the defendant in court;

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, investigation report (Attachment to a summary order of the same kind of power);

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant are two times before and after drinking, and even though it appears before the full revision of the Road Traffic Act, there was a record of being punished by a fine in the year 2005 (see, e.g., evidence record).