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 became final and conclusive.

Punishment of the crime

On December 2, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on December 2, 2014.

Nevertheless, at around 21:53 on December 2, 2019, the Defendant driven a Flus vehicle under the influence of alcohol by 0.056% in the section of approximately 3km alcohol level from the front of the cafeteria to the front of the Elusium located in Flus City D, from the front of the cafeteria, to the front of the Elusium located in Flus City.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, the current use of a drinking measuring instrument, and the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and copies of summary order;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the blood alcohol concentration is relatively lower, the fact that there is no power to be punished heavier than the fine, and the circumstances leading to the drinking driving);