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 becomes final and conclusive.

Punishment of the crime

On February 27, 2017, the Defendant was issued a summary order of KRW 1,50,000 by the Gwangju District Court to a fine of KRW 1,50,000 for a violation of the Road Traffic Act, and KRW 3 million by the same court on April 5, 2019.

The Defendant was under the influence of alcohol concentration of 0.182%, and around February 29, 2020: (a) around 00:10, the Defendant driven DK5 cars from the front lane in Gwangju Mine-gu, Gwangju to the front lane in the same city, Nam-gu, Nam-gu, and the front lane in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (limited to the previous records and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The sentencing period of Article 62-2 of the Criminal Act includes the defendant's records of the same crime, blood alcohol concentration at the time of the crime of this case, the circumstances leading to the drunk driving, the distance and place where the defendant was drunk driving, and the fact that the defendant is divided into his mistake, and other sentencing conditions specified in the records and arguments of this case, such as the age, character and conduct of the defendant, and circumstances before and after the crime of this case, shall be determined as ordered.