A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On April 18, 2019, 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 August 26, 2019, at around 01:20, the Defendant driven a B car with approximately KRW 3 km away from the electric rain distance in the Yong-dong in Gwangju Northern-gu to the art high distance in 137 according to the same northwest, while under the influence of alcohol content 0.103%, while under the influence of alcohol content 0.103%.

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

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. 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. On April 18, 2019, as seen in the first head of the criminal facts indicated in the judgment, the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) is to select imprisonment with prison labor in that: (a) the blood alcohol concentration of a drunk driving on April 18, 2019, even though there was a history of criminal punishment for 0.080%; (b) the Defendant was under the influence of criminal punishment, and (c) the blood alcohol concentration (0.103%) is not lower than that of the blood alcohol concentration.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding the fine, including the previous conviction of drinking driving, and the fact that the defendant seriously reflects the fact.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances that may serve as the conditions for sentencing, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, and the circumstances after the crime.