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 July 17, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the wooden Branch of the Gwangju District Court on July 17, 2015.

Nevertheless, at around 00:31 on April 18, 2020, the Defendant driven a DNA rocketing car with the blood alcohol concentration of about 0.152% at the section of approximately 1.3km from the Do in front of the 203 wood viewing to the roads front of the Cridge in the same city.

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. Report on the occurrence of a traffic accident, drug map, actual condition survey report, field photograph, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (former records and attachment of judgment);

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. A suspended sentence under Article 62(1) of the Criminal Act, even though the person was punished for driving under the influence of alcohol for the reason of sentencing, driving under the influence of alcohol again, and the degree of blood alcohol concentration is also high so that the quality of the crime is not less severe, but there is no record of punishment for the crime except for punishment twice by a fine so far, and the execution of the punishment shall be suspended only once, taking into account the defendant's age, sex, family relation, and circumstances after the crime is committed;