A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

On March 13, 2009, the defendant has been punished twice or more for the same crime, such as receiving a summary order of a fine of KRW 1.5 million from the Gwangju District Court for the crime of violation of the Road Traffic Act.

On July 31, 2019, around 06:00, the Defendant driven an E-chip vehicle under the influence of alcohol content of about 2 km from the front of the trade name “B” located in Gwangju-gu to the front of the “Dcafeteria” located in the same Gu C, to the road in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. A report on internal investigation (a report on the circumstances of an immigration driver);

1. Previous convictions in judgment: To refer to inquiries and to the application of each 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. 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. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include a large number of criminal records, including a criminal record of suspended sentence of imprisonment, and there are two times the records of punishment for drinking driving.

Nevertheless, in that the defendant's blood alcohol concentration (0.252%) at the time is very high as well as that of the defendant's driving under the influence of alcohol at the same time, imprisonment is selected.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding a fine due to drinking driving, and that the defendant has no record of punishment due to drinking driving after 2009.

In addition, the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, and the age of the defendant.