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 of the final judgment.

Punishment of the crime

[Criminal Power] On December 22, 2014, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:20 on September 28, 2020, the Defendant driven a F Sti-type car from around 300 meters away from the front side of the “C” road located in Gwangju Mine District B to the front side of the “E” road located in Gwangju Mine District D, while under the influence of alcohol concentration of 0.158%.

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. Each statement of G and H;

1. Report on the occurrence of a traffic accident, report on the actual condition of the driving, report on the circumstantial statements of four drinking drivers, such as the scene of the accident, and vehicle photograph, and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions in judgment: The application of Acts and subordinate statutes governing criminal records and criminal records of drunk driving;

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. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.