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 becomes final and conclusive.

Punishment of the crime

On May 29, 2015, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On May 6, 2020, the Defendant driven EV car from 1 km section from the cafeteria to the street on the front side of the D market, while under the influence of alcohol of 0.067% of blood alcohol level on May 6, 2020.

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. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant, with the reason of sentencing of Article 62-2 of the Criminal Act, once he/she is able to engage in drinking driving again, it is inevitable to choose a sentence of imprisonment.

However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment due to the same crime, that the blood alcohol concentration is relatively low at the time of the crime in this case, and that the defendant repents his mistake.

In this context, a suspended sentence shall be imposed by comprehensively taking into account the circumstances leading to drinking driving, the distance and place of drinking driving, the age and character of the accused, the circumstances before and after the commission of the crime, and all of the sentencing conditions as shown in the present case and arguments, but community service and lecture attendance order shall be added.