A defendant shall be punished by imprisonment for not more than ten 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

[Criminal Power] On June 19, 2012 and May 30, 2018, the Defendant received a summary order of a fine of KRW 4 million and a fine of KRW 3 million from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】

On June 15, 2018, at around 23:35, the Defendant driven a BG80 vehicle from around 2km section to the Honam Highway, located in the Dongdong-dong, Seo-gu, Seo-gu, Gwangju, to the Dogdong-dong, with a blood alcohol content of about 0.110% under the influence of alcohol.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

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 each summary order statutes;

1. Article 148-1(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor for the crime

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 record of criminal records indicated in the reasoning for sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant is entitled to either 0.178% or 0.135% or 0.135%, respectively, of the blood alcohol concentration of the previous record of his/her drinking driving.

Above all, even if the defendant received a summary order on May 30, 2018 due to drinking driving, he/she will choose imprisonment in that he/she not only gets a drunk driving, but also gets a higher level of blood alcohol concentration (0.110%).

However, the defendant has no record of criminal punishment exceeding a fine due to drinking operation, and the defendant exceeds one month.