A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 29, 2014, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on December 29, 201, and a fine of KRW 2 million as a crime of violation of Road Traffic Act (drinking driving) in the Gwangju District Court's Netcheon Branch on January 29, 2016.

On September 11, 2020, the Defendant driven a FSpo-type car in the state of alcohol alcohol concentration of about 0.101% from around 60 meters to around 0.101% from the front of the “C” restaurant in Gwangju-si B to the front of the “E” store in the same city.

Summary of Evidence

1. Defendants’ legal statement

1. Inquiries about the results of crackdown on driving alcohol (A);

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A) and of a summary order, respectively;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 20

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;