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

[Criminal Power] On October 1, 2010 and December 24, 2010, the Defendant received a summary order of a fine of one million won and a fine of three million won, respectively, for each of the crimes of violation of the Road Traffic Act, from the Gwangju District Court.

【Criminal Facts】

On June 18, 2019, at around 21:30, the Defendant driven a DNA string vehicle under the influence of alcohol content of about 500 meters from the front of the Mandong B to the front of the Man-gun C, Jeonnam-gun, with the alcohol content of about 0.238%.

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 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. As seen in the record of criminal records of sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, the accused has already been punished twice due to drinking driving.

Nevertheless, in that the defendant's blood alcohol concentration (0.238%) at the time is very high as well as the criminal defendant's driving under the influence of alcohol at the same time, imprisonment will be selected.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has no record of criminal punishment exceeding a fine due to a drunk driving and the fact that the defendant has no record of punishment due to a drunk driving in 2010, and then the execution of a sentence shall be deferred in favor of the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after the crime is committed, the defendant's age, character and conduct, and the environment.