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

The Defendant was issued, at the Gwangju District Court, a summary order of KRW 1.5 million on November 11, 2005, and KRW 4 million on September 17, 2013.

At around 23:00 on April 16, 2020, the Defendant driven a DNA car under the influence of alcohol concentration of 0.084% on the roads in front of the Southern-gu Seoul Metropolitan City, Chungcheongnam-gu, and the roads in front of the Nam-gu, Nam-gu, Gwangju.

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. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to the same criminal records and summary orders);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence under Article 62(1) of the Criminal Act: (a) the Defendant’s records of the same kind of crime for the reason of sentencing; (b) the blood alcohol concentration at the time of the instant crime; (c) the background leading up to the drunk driving; (d) the distance and place of a drunk driving; and (c) the Defendant’s mistake is divided; and (d) the Defendant’s age, character and conduct, and circumstances before and after the instant crime, etc., shall be