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 1, 2015, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on May 1, 2015, but around 01:32, around August 27, 2020, the Defendant driven a froc car with approximately 10 meters in the state of under the influence of alcohol concentration of KRW 0.095% in front of “E” located in “E” located in “S” in the East Sea at the same time.

Summary of Evidence

1. Statement of the defendant's legal statement, notice of the results of the drinking driving control, and the circumstantial statement of the driver;

1. The actual survey report and on-site photographs;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (attached to a summary order of the same kind of power);

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the records of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2006)

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;