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 becomes final and conclusive.

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for a crime of violation of the Road Traffic Act.

On June 13, 2020, at around 21:00, the Defendant driven B benz car with a blood alcohol concentration of about 0.085% from the front of the 211 Gwangju dong-ro, Gwangju 211 to the front of the 210 Gwangju dong Fire Station, the same salary grade from the front of the 210 Gwangju dong Fire Station.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, etc., inquiry reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant, with the reason of sentencing of Article 62-2 of the Criminal Act, once he/she is able to engage in drinking driving again, it is inevitable to choose a sentence of imprisonment.

However, there are circumstances such as that the distance of the defendant's drunk driving is less than 50 meters and the blood alcohol concentration level is relatively high.

In this context, a suspended sentence shall be imposed, taking into account the circumstances leading to drinking driving, the distance and place of drinking driving, and the fact that the defendant separates his mistake, and all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances before and after the crime, but community service and order to attend lectures shall be added.