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 January 23, 2020, the Defendant was issued a summary order of KRW 5 million at the Gwangju District Court on November 30, 2019 as a crime of violation of the Road Traffic Act concerning drinking driving.

On January 13, 2020, at around 23:18, the Defendant driven a B rocketing car under the influence of alcohol concentration of 0.170% in light of light alcohol level from the shooting distance.

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 statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of one copy of judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. Under Article 62-2 of the Criminal Act, the Defendant’s act of providing community service and attending lectures is subject to punishment by selecting imprisonment for the Defendant’s act in consideration of the following: (a) the Defendant again committed the instant crime, and the Defendant appears to have taken a significant amount of drinking immediately before the instant crime was committed; and (b) the Defendant would have been punished by imprisonment.

However, the defendant has been punished once before committing the crime of this case, and the defendant's error is recognized and reflected, and a suspended sentence is imposed in consideration of the defendant's age, character and conduct, environment, circumstances before and after committing the crime of this case, etc.