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 April 14, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on May 23, 2015.

On February 19, 2020, at around 23:45, the Defendant driven a car with approximately KRW 5k alcohol concentration of 0.133% under the influence of alcohol at the section of about 0.133% from the point of departure to the point of departure from the discharge line, which is going from the Mapo-Eup in Gwangju City to the Gosi-ri direction.

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

Summary of Evidence

1. Defendant’s legal statement, survey report on the actual condition of his/her oral statement, report on the occurrence of a traffic accident, site photographs, report on the circumstances of his/her drinking drivers, and notification of the results

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (existence of past record of violation of the Road Traffic Act related to drinking);

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 (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had the record of being punished for drinking alcohol driving two times, again, driven under the influence of alcohol.

In light of the circumstances where the defendant's drinking driving force, the degree of his driving in the accident is not less severe to the extent that the situation at the time of the accident is not memory, the occurrence of the traffic accident, etc., and the risk was not high, it is against the situation, and the fact that there was no record of punishment exceeding the fine is favorable.

In addition, the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive and means of crime, etc. of the accused, shall be determined as ordered.