A defendant shall be punished by imprisonment for one year.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On October 30, 2014, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic law in the Gwangju District Court's net support on October 30, 2014 as well as two times in total.

[Criminal facts] On November 4, 2020, the Defendant driven a motor vehicle from the front side of the apartment site B at the D, which is around 200 meters of alcohol level from around 4, 2020 to the front side of the D located in the same city C, while under the influence of alcohol level 0.087% of alcohol level, the Defendant driven a motor vehicle of hump of E in the state of alcohol level.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, sexual conduct, environment, criminal records (which had the records of being fined twice due to the same kind of crime); (c) the distance of drinking driving; and (d) the circumstances after committing the instant crime, etc.; and (c) the sentence is determined as ordered