A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On November 12, 2019, the Defendant was issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving) in the Gwangju District Court’s net support.

[Criminal facts] On July 26, 2020, the Defendant driven a D K7 car while under the influence of alcohol leveling 0.103% in the 2km section from the front of the 18:08 Sim-si, B to the front of the C at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the Defendant’s blood alcohol concentration and age, sexual conduct, environment, criminal records (as before one year has passed since the Defendant was sentenced to a fine for the same kind of crime), the driving distance of drinking, and the circumstances after committing the crime, etc.; and (b) the sentence as indicated in the Disposition shall be determined by comprehensively taking account of all the factors of sentencing during the trial process of the instant case, including the following: