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 March 29, 2016, the Defendant issued a summary order of a fine of KRW 3 million for a violation of road traffic law in the Gwangju District Court's net support on March 29, 2016 as well as two times in total.

[Criminal facts] On May 5, 2020, the Defendant driven a DM730 car under the influence of alcohol level of about 0.14% in the 10km section from 03:10 square meters to 3:0 square meters in the front of the same city.

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 written inquiry, such as criminal history, and 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 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the former Road Traffic Act, the choice 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 (in the case of two times of being sentenced to a fine for the same kind of crime), the driving distance of drinking, and the circumstances after committing the crime, etc.; and (c) the sentence is determined as indicated in the Disposition.