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 December 23, 2011, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On June 23, 2020, at around 00:30, the Defendant driven a Dbenz car at approximately 800 meters section from the Nam-gu Yang-dong to the front of the Ccafeteria located in Gwangju-gu, Nam-gu, Seoul, while under the influence of alcohol of 0.180%.

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. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Probation, community service, and order to attend the course of sentencing under Article 62-2 of the Criminal Act; the defendant's records of the same crime; blood alcohol concentration at the time of the crime in this case; the circumstances leading to drinking driving; the distance and place of drinking driving; and the defendant's mistake are divided; the defendant's age, character and behavior; and all kinds of sentencing conditions specified in the records and arguments, such as the circumstances before and after the crime in this case, shall be determined as the order.