However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

On January 18, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On June 26, 2019, at around 22:15, the Defendant driven an E Car under the influence of alcohol of about 500 meters alcohol concentration of 0.114% from the 500-meter section from the 22:15th of Gwangju Mine to the D nearby Road located in the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;

1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., has already been subject to criminal punishment twice or more due to drunk driving;

(0.051%, 0.094% of blood alcohol concentration). Nevertheless, the defendant is chosen to imprisonment in that not only the defendant's blood alcohol concentration (0.114%) but also the blood alcohol concentration (0.114%) at the time is relatively high.

However, it is more favorable to the defendant, including the previous conviction of drinking driving, who has been sentenced to a fine on three occasions, who has been sentenced to a fine on two occasions before 2008, and who has been making it difficult for the defendant to not drive a drinking again while seriously against his will.

In addition, the motive of drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and behavior, the environment, etc. are various conditions of sentencing.