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 became final and conclusive.

Punishment of the crime

On June 19, 2012, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:50 on January 3, 2020, the Defendant driven a D 2 truck under the influence of alcohol leveling 0.050% of alcohol level 0.050%, at the front of the front of the area of the Defendant’s dwelling in Pyeongtaek-gun, Chungcheongnam-gun, in front of his dwelling.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on the occurrence of the case, report on the circumstance of a drinking driver, investigation report (report on the situation of a drinking driver), notification of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same criminal records of a 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. The suspended sentence under Article 62(1) of the Criminal Act is relatively low in the blood alcohol concentration of the grounds for sentencing, the background leading up to the drunk driving, the fact that there has been no punishment heavier than the fine so far, and other factors such as the age, environment, etc. of the accused, and the execution of the sentence shall be suspended at the same time only once;