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 29, 2013, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's Mancheon Branch on March 29, 2013, and a summary order of KRW 2,50,000 as a fine for the same crime from the Gwangju District Court's Manpo Branch on March 19, 2018.

Criminal facts

At around 13:00 on November 13, 2020, the Defendant driven a FOba while under the influence of alcohol content of about 0.035% at a section of about 100 meters from the 100-meter radius to the Evexa in front of the Evexa point located in the same city D.

Accordingly, the Defendant violated the prohibition of driving a motor vehicle 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 Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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;