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 November 22, 2010, the Defendant was issued a summary order of KRW 2.5 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

At around 22:30 on September 3, 2020, the Defendant driven a F QM6 car from around 2 km to the road front of the cafeteria in Seo-gu, Seo-gu, Gwangju to approximately 0.228% of blood alcohol concentration.

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. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's records of the same kind of crime, blood alcohol concentration (0.228%) at the time of the crime of this case, the circumstances leading to drinking driving, the distance and place where drinking driving was conducted, and the defendant separates his mistake, and other sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances before and after the crime of this case, shall be determined as ordered.