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 Power] On October 30, 2012, the Defendant was notified of a summary order of a fine of KRW 3 million as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

On July 4, 2020, at around 19:35, the Defendant driven a fluent car in the state of alcohol with approximately 1.4km alcohol concentration of about 0.128% from the front road of the “C” located in D at the same time to the front road of the “E” located in D at the same time.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

1. Relevant Articles 148-2(1) and 44(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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, character and conduct; (c) the Defendant’s character and environment; and (d) the previous department (a) having been sentenced to a suspended sentence of imprisonment, which is relatively recent in 2012; (b) the drinking driving distance; and (c) the circumstances after the commission of the offense (including traffic accidents as a result of a sound driving) and all of the sentencing factors shown in the trial process of the instant case