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

On March 15, 2016, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court's net support on March 15, 2016.

On 28, 2020. 21:20 on 28, 2020. 21:20, the Defendant driven a motor vehicle in Esch Rexton under the influence of alcohol concentration of about 0.045% from the 1km section to the front road of the Defendant’s house located in D at the same time.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G preparation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. On-site photographs;

1. An investigation report (related to the application of the above dmark formula);

1. Investigation report (related to the attachment of suspect A’s A-mark official photograph) and photograph;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 [Consideration, such as the fact that the defendant acknowledges and reflects the error, the fact that the defendant has not been guilty of a fine in the past, and the degree of alcohol concentration during blood];

1. An order to attend a course under Article 62-2 of the Criminal Act;