A defendant shall be punished by imprisonment for one year.

except that 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 March 7, 2011, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act by the Gwangju District Court.

Criminal facts

On August 28, 2020, the Defendant, while under the influence of alcohol at around 0.176% of blood alcohol concentration, driven a vehicle with two highest automobiles with approximately 40 km section from the cafeteria to the 40 km away from the Gananan-Yannan Highway located in the Gu of Gwangju to the 40 km away from the Ganan-Yan-Yan Highway located in the Gu of Gwangju.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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