A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 1, 2008, the defendant was sentenced to a summary order of 700,000 won for the crime of violation of the Road Traffic Act at the Gwangju District Court on February 1, 2008, and on February 5, 2009, the same court was sentenced to a suspended sentence of 6 months for the crime of violation of the Road Traffic Act.

On October 20, 2016, at around 21:25, the Defendant driven a 100-meter volume of B freight from the front of the Gulsan-dong Magdong Gung-dong, Ulsan-gu to the front of the same “Woo-dong Magdong” while under the influence of alcohol by 0.152%.

As a result, the defendant, even though he had a history of violating the prohibition of drinking driving regulations not less than twice, was driving in violation of this prohibition.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes concerning criminal records, summary orders issued by the Gwangju District Court 2008 High Court 2019, Gwangju District Court 2008 High Court 383 High Court rulings;

1. Relevant Article of the Act concerning the facts constituting an offense and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the fact that he/she commits an error and the interval between time and the previous drinking driving);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;