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 May 31, 2013, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and a summary order of KRW 4 million for the same crime at the same court on September 4, 2014, respectively.

On April 6, 2020, at around 22:45, the Defendant driven C benz car under the influence of alcohol concentration of 0.129% from the Nam-gu Seoul Metropolitan City to the front roads of Gwangju Nam-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records: Application of two copies of inquiries, such as criminal records, and a copy of 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. On the grounds of sentencing under Article 62(1)1 of the Criminal Act, Article 62(1)1 of the Act on the Suspension of Execution and Order to Attend the same kind of crime by the defendant, blood alcohol concentration at the time of the instant crime, the circumstances leading to the drinking driving, the distance and place of the drinking driving, and the circumstances leading to the Defendant’s mistake, taking into account the Defendant’s age, character and conduct, and circumstances before and after the instant crime, and all of the sentencing conditions shown in the records and arguments of this case shall be determined as ordered.