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 August 16, 2017, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On July 31, 2019, at around 23:28, the Defendant driven a benz car with approximately approximately 20 meters alcohol concentration of approximately 0.086% from the front of the mutually infinite-dong in Gwangju-gu to the front road of the Gwangju post office located in the same Dong-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: To refer to inquiries, and to 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) includes a number of criminal records including a criminal record or a criminal record of a suspended sentence of imprisonment, and has already been punished with 0.062% of the blood alcohol concentration of a drunk driving.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, it shall be considered in favor of the fact that the defendant has no record of punishment exceeding a fine due to drinking driving, there are circumstances that can be considered in light of the circumstances that led to drinking driving, and the distance of drinking driving is relatively short.

In addition, the punishment shall be determined as per the disposition, comprehensively taking into account various circumstances, such as places where drinking alcohol is driven, circumstances after the crime, age, character and conduct of the accused, and the environment.