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 became final and conclusive.

Punishment of the crime

On March 12, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court.

Nevertheless, at around 17:30 on March 8, 2020, the Defendant, while under the influence of alcohol of 0.092% of blood alcohol concentration, driven Bsch-sports cargo vehicles from approximately 10km section from the front of the Dosan-ri Village Village of the Masan-gun, Chungcheongnam-do to the third-distance road of the same Gun Jeonnam Election Commission.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the accident, report on the scene of the accident, report on the circumstantial statement of a drinking driver, investigation report, notification on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (one time of the same kind of suspect power - attachment of summary orders);

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. The execution of a suspended sentence under Article 62(1) of the Criminal Act is suspended only once in consideration of the fact that there is no record of punishment for a crime, and that the punishment for a drunk driving is seven years prior to now, and other circumstances after the defendant's age, environment, and criminal conduct, etc.