The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a suspended sentence of two years on June 3, 2014 by the Gwangju District Court for a violation of the Road Traffic Act (drinking driving), and a person who was issued a summary order of KRW 1,500,000 on January 15, 2013 and July 30, 2012.

[2] On October 24, 2020, the Defendant violated the prohibition of drinking alcohol driving on at least two occasions by driving a DMW car under the influence of alcohol level of approximately 0.115 percent at approximately 2 km from the front side of the C downstream located in Gwangju Mine-gu, Gwangju, to the front side of the Health Insurance Review Evaluation Institute located in the 210 as the same Gu-jin.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the report on the circumstances of a driver making a drinking, and the results of regulating drinking;

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

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

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) on criminal facts

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;