A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal history] On October 10, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law in the Gwangju District Court's net support on October 10, 2016.

[2] On June 27, 2020, at around 21:59, the Defendant driven a DNA car with a alcohol level of about 0.165% while under the influence of alcohol at around 3km from the front of the house of the Defendant, where it is difficult to identify the specific address of the Defendant’s wife B (hereinafter referred to as the “B”), to which it is difficult to identify the Defendant’s domicile, to the front day of the house of the Defendant, and the front day of the Goung-gun C.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

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 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the former Road Traffic Act, the choice of imprisonment for a crime

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, sex, environment, criminal records (which has the record of being fined for the same kind of crime); (c) the driving distance of drinking; and (d) the circumstances after the instant crime, etc., the sentence shall be determined as ordered by considering all the factors of sentencing