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

[criminal power] On September 30, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Gwangju District Court, and on December 3, 2010, received a summary order of KRW 2.5 million for the same crime in the same court.

【Criminal Facts】

Around 23:00 on April 28, 2019, the Defendant driven a motor vehicle from approximately 50 Section B of Gwangju Mine-gu to the front road of “D” located in the same Gu C from approximately 50 to the road of “D” located in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

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's reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act is inevitable to choose a sentence of imprisonment in that he/she is engaged in drinking alcohol driving, even though he/she had already been punished two times or more, despite the fact that he/she had already been punished for drinking alcohol driving.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding a fine due to a drunk driving, that the previous records of the above drunk driving are prior to 2010, that the blood alcohol concentration is relatively low, and that the distance of the drunk driving is relatively short.

Other driving under the influence of alcohol.