A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On November 27, 2009 and April 24, 2017, the Defendant is a person who violated the provisions concerning the prohibition of drinking alcohol by receiving a summary order of a fine of KRW 1.5 million and a fine of KRW 4 million from the Gwangju District Court for a violation of the Road Traffic Act, respectively, on at least two occasions.

On January 18, 2019, at around 23:45, the Defendant driven Cnice in the section of approximately 2km from the Yellow River in Gwangju-gu to the Northbuk-gu B while under the influence of alcohol content of 0.094%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Article of the Act and Articles 148-2 (1) 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. As seen in the first head of the crime indicated in the reasoning of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant had a record of having been punished for drunk driving in 2009 and 2017. Since long after being punished for drunk driving in 2017, the Defendant had a record of criminal punishment again for causing a traffic accident while driving without a license.

Nevertheless, it is inevitable for the defendant to choose a sentence of imprisonment in that the defendant is driving under the influence of drinking.

However, the execution of the punishment shall be suspended in consideration of the fact that the defendant has no other history of criminal punishment except for the punishment of a fine due to a traffic accident caused by drinking or unlicensed driving, and that the defendant seriously reflects the crime of this case, and the execution of the punishment shall be carried out under the influence of alcohol.