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

[Criminal Power] On September 6, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court on September 6, 2017.

【Criminal Facts】

On September 17, 2019, at around 00:21, the Defendant driven a FST5 car from the front of the “C Elementary School” road located in Gwangju Mine-gu B to the front of the “E” convenience store located in the same Gu D to the front of the “E” convenience store in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Criminal records: The results of inquiry and the application of summary order statutes;

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. As seen in the record of criminal records in the judgment of the reason for sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as “the reason for the remaining sentence”), as seen in the judgment of the reason for sentencing, the Defendant is selected to be sentenced to imprisonment in that the Defendant’s blood alcohol concentration of the past record subject to punishment for a drunk driving has been 0.127% even though the Defendant had already been punished for a drunk driving.

However, it shall be considered favorable to the defendant that there is no particular criminal history other than the above-mentioned criminal record, the circumstance where the drunk driving is conducted, and the distance of the drunk driving is shorter, and the defendant is seriously against the defendant.

In addition, the punishment shall be determined as per Disposition, comprehensively taking into account various circumstances, such as the circumstances after the crime, the defendant's age, character and conduct, and the environment.