A defendant shall be punished by imprisonment for one year.

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

[criminal power] On April 20, 2015, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 7 million for a violation of the Road Traffic Act at the Jung-gu District Court on August 3, 2015.

【Criminal Facts】

On May 22, 2019, at around 02:25, the Defendant driven CMW car under the influence of alcohol content of approximately 0.09% from the 100-meter section to the front road of the Gwangju Northern-gu building on the road near the housing site area located in Yangsan-dong, Gwangju-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: Application of an inquiry report and a copy of each summary order to the Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. has three times the defendant was subject to criminal punishment or criminal punishment due to drunk driving.

Nevertheless, the defendant will choose imprisonment in that it is not only the defendant's driving at once but also the blood alcohol concentration is not low.

However, it shall be considered favorable to the defendant, including the previous conviction of a fine as seen earlier, the distance of a drunk driving is relatively short, and the defendant's efforts not to drive a drunk driving again while putting the defendant seriously against her will not drive a drunk.

In addition, the remaining circumstances, such as motive for drinking driving, place where drinking driving is conducted, after committing the crime, and other circumstances, the defendant's age, occupation, character and conduct, environment, and family relationship, are also the conditions for sentencing.