A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 18, 2016, the Defendant was issued a summary order of KRW 2,50,000 for the violation of the Road Traffic Act (driving) at the Changwon District Court’s Changwon Branch on February 18, 2016, and a summary order of KRW 1,50,000 for the same crime at the Changwon District Court on March 13, 2017. However, on July 16, 2020, the Defendant driven a fXM3 car under the influence of alcohol level of KRW 0.127% from the C convenience store located in Gangwon-si B to the e-dong parking lot, around 200 meters.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the statement on the state of drinking drivers;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (attached to summary orders issued by A for drunk driving of a suspect) shall apply;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment with prison labor in consideration of the records of the same kind of crime);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession and reflect of the crime by the defendant, and the fact that the defendant has no criminal record of suspended execution or more);

1. Article 62 (1) of the Criminal Act on the suspension of execution (limited to the participation in the compliance driving lecture repeatedly taking into consideration the grounds for mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;