A defendant shall be punished by imprisonment for a term of one year and three 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 January 16, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on January 16, 2007, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch on December 3, 2018.

At around 04:00 on December 14, 2019, the Defendant driven a DNA strawing car with a blood alcohol concentration of about 0.114% under the influence of alcohol at approximately 1.5km from the marth to the front of the C apartment at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. The investigation report (as regards the application of the Tramark Official Form):

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Criminal history records, reply reports (A), investigation reports (verification of suspect's drinking records), and application of Acts and subordinate statutes attached to two summary orders;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62-2 of the Criminal Act provides that statutory punishment has been aggravated due to the danger of drinking alcohol driving and the changes in legal sentiment of the people, etc. of the reasons for sentencing, the defendant has been sentenced to a fine twice in 2006 and 2018, and even if he had the record of being sentenced to a fine on two occasions due to drinking driving, he also runs a drunk driving; the defendant has not taken appropriate measures after driving the vehicle parked due to drinking driving; the defendant left the site without taking proper measures; the defendant is against the mistake and there is no record of criminal punishment exceeding the fine; the defendant has a blood alcohol concentration and other defendants' age, character and behavior, environment, family relationship, and the circumstances after the crime of this case, etc.