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 September 9, 2016, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the wooden Branch of the Gwangju District Court.

Nevertheless, around 07:00 on February 29, 2020, the Defendant driven an EM3 car in the state of alcohol with approximately 5 km alcohol concentration of about 0.145% in the 5km section from the Magpo-si B apartment parking lot to the roads adjacent to the same Si apartment Ddong.

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. A report on the occurrence of a traffic accident, a field map of accident, a survey report on actual condition, a photo of field evidence, CCTV image-faging photographs, evidential evidence and photographs, accident mermos, inquiry into the results of the crackdown on drinking driving, circumstantial statements of a drinking driver, and an investigation report;

1. Application of criminal history records, reply reports (A), investigation reports, and statutes;

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. As to the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as above in the light of all the circumstances such as the fact that there is no record of being punished for a crime except for the punishment once by a fine so far, the circumstances leading to driving under influence of alcohol, and the age, environment and health of the accused, and the execution of the sentence shall be suspended;