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

On July 26, 2017, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on July 26, 2017, and a fine of KRW 3 million with the same crime, etc. on June 14, 2018 at the same court, but on July 26, 2020, the Defendant driven a f. 3 vehicle with a blood alcohol concentration of KRW 0.044%, while under the influence of alcohol concentration of KRW 0.04% in the front of the Yung-si B, Gangnam-si around July 26, 2020, at approximately 268 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, each investigation report on the circumstantial statement of a drinking driver (related to photographing photographs, attaching CCTV data for crime prevention, and applying the Badmark formula);

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (Binding of the previous and related summary orders) Acts and subordinate statutes;

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 with prison labor in consideration of the same kind of power);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1548,

1. Article 62 (1) of the Criminal Act (limited to the conditions of probation and an order to attend a course, taking into account the grounds for the reduction of the sentence and the absence of criminal records;

1. The proviso to Article 62-2 (1) and (2) of the Criminal Act concerning probation and education;