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 November 7, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On July 22, 2020, at around 00:05, the Defendant driven a fenz S350d car at approximately 1 km section from the roads of the C entertainment tavern in Seo-gu, Seo-gu, Gwangju to Eari or the front road in Seo-gu, Gwangju, with a blood alcohol concentration of 0.049%.

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 inquiries, such as criminal records, and summary order statutes;

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.