A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment is suspended for a period of two years from the date of this judgment.

Punishment of the crime

On March 10, 2011, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch.

On November 12, 2020, the Defendant driven a D NewD car with approximately 5km alcohol concentration of about 0.192% in alcohol level from around 17:36 around 17:20 to the front road of C in the same city, from the front road of the Maduk-gu, Maduk-gu, Maduk-gu to the front road of C in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history (A) and of a summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution) (Article 62(1) of the same Act on the following grounds: (a) when the defendant is under a suspended sentence of imprisonment due to drinking (Article 2(1) of the Act on the Suspension of Execution and the last time when he is punished due to drinking (Article 2(1) of the Act on the Suspension

(3) Inclusion, etc.)

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;