The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 10, 2010, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support on December 10, 2010. On July 26, 2013, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the same court, and on May 16, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 5, 2020, the Defendant moved to drive a car in the state of alcohol with approximately 0.080% of alcohol level 0.080% in the section of about 20km from the south-gu B apartment road at port to the front road of the same Gu C at the time of port on January 5, 2020.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking 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 / [To choose to imprisonment, taking into account the fact that traffic accidents have occurred due to the operation of this case, and that there have been records of being suspended from execution one time due to driving under influence of alcohol and three times sentenced to a fine before the instant case];

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20

1. Article 62 (1) of the Criminal Act on the suspension of execution (in addition to the grounds for discretionary mitigation, taking into account that there exists no past record of punishment sentenced to imprisonment or heavier punishment);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;