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 October 25, 2018, the Defendant received a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On June 27, 2019, around 05:50 on the roads near the Seo-gu Special Metropolitan City Standing District, the Defendant driven a BM6 vehicle under the influence of alcohol with approximately 10km section from 0.137% of blood alcohol concentration to the 74.2km km away from the west-gu Special Metropolitan City (Seoul Special Metropolitan City), to the Y6-car.

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 statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant was subject to criminal punishment for drunk driving (0.080% of blood alcohol concentration) on one occasion, such as the statement of criminal records, and the Defendant was still subject to imprisonment with prison labor in that the Defendant was not only for a long time but also for a long time, and the blood alcohol concentration (0.137% of blood alcohol concentration) at the time is relatively high.

However, it shall be considered favorable to the defendant, including the previous conviction of the drinking driver, who has been sentenced twice a fine, and the fact that the defendant would not drive the vehicle again while transferring the vehicle, is hard to say that he would not drive the vehicle again.

In addition, various circumstances that form the conditions for sentencing, such as the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and conduct, and the environment, shall be comprehensively taken into account.