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 this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 22, 2014, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Gwangju District Court’s net support.

【Criminal Facts】

The Defendant stated on March 2, 2020 at least 0.03% of blood alcohol content on the front of the Manyang-si 20:50 on the road prior to the Manyang-si 2020, as the charge, but the charge is 0.078%. However, the Defendant cannot reverse acid according to the Manmark formula, considering it as the point of time of increase in blood alcohol concentration.

However, considering the blood alcohol concentration level measured 13 minutes after driving, the amount of drinking alcohol, etc., the fact that at least 0.03% is recognized is at least 0.03%, and it is not likely that the defendant's exercise of his/her right to defense may not cause any substantial disadvantage, thereby correcting the facts charged ex officio without changing

A rocketing car was driven while under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident site photograph;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, etc., an inquiry report, an investigation report (Attachment of the same criminal suspect's previous records and summary order), and application of Acts and subordinate statutes of one summary order

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., unfavorable circumstances or circumstances that the person causes a traffic accident while driving a motor vehicle, the fact that there is no previous conviction exceeding a fine in the past, the fact that the person scraps

1. Order to attend lectures under Article 62-2 of the Criminal Act;