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

[Criminal Power] On August 25, 2015, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the Gwangju metropolitan District Court’s support on August 25, 2015, and on August 12, 2016, the same court issued a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

On August 30, 2019, at around 06:45, the Defendant driven a DNA car with approximately 200 meters alcohol concentration of about 0.15% while under the influence of alcohol, from the roads in front of the Southern-gun B to the roads in front of C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Investigation report (related to the situation of leaving the scene of sound driving and the situation of refusing to affix seals);

1. Photographs photographs of the scene of drinking;

1. Previous records: Application of inquiries, such as criminal records, and a copy of a summary order;

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. The Defendant committed the instant crime even though he/she had been punished twice by a fine (2015 and year 2016) due to drinking driving, for the reason of sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures.

At the time, the blood alcohol concentration (0.155%) of the defendant was very high.

However, the sentence shall be determined as ordered in consideration of the fact that the defendant is against the mistake, the distance of drinking driving is not very long, and all of the sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, etc.