A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 11, 2008, the Defendant had been issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Gangnam Branch Branch of the Chuncheon District Court on December 15, 2008. However, around 04:55 on August 15, 2020, the Defendant driven k5 car under the influence of alcohol 0.160% in the form of under the influence of alcohol concentration of KRW 0.160 in the direction of the 2996 artificial explosive.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the statement on the state of drinking drivers;

1. The actual condition survey report and photographs;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal Facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of imprisonment in consideration of the degree of the principal of the accused and the records of the same crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jun. 1, 201; Supreme Court Decision 201Do148, Jun

1. Article 62 (1) of the Criminal Act (limited to probation and participation in a law-abiding lecture in consideration of the grounds for the mitigation of sentence and the absence of criminal records heavier than that of the suspended sentence);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;