A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 27, 2013, the Defendant was notified of a summary order of a fine of KRW 2.5 million for a crime of violating road traffic law (drinking) in the Changwon District Court's Jinju branch on November 27, 2013.

On October 24, 2020, the Defendant driven a motor vehicle in the E Spo area under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.147% in a section of approximately 300 meters from the road near C Spo-gu, Nam-gu, Seoul to the roads in D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions: Application of Acts and subordinate statutes after inquiry;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

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

1. The sentence of imprisonment is to be imposed in light of the same criminal records as the sentencing grounds of Article 62(1) of the Criminal Act, and the Defendant’s age, career, etc. was to be considered.