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 became final and conclusive.

Punishment of the crime

[Criminal Power] On April 1, 2008, the Defendant received a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act (refluence of noise measurement) at the Gwangju District Court.

【Criminal Facts】

On September 13, 2019, the Defendant, while under the influence of alcohol at around 16:23, and at least 0.055% of alcohol content, was driven by the Defendant from the “C” parking lot located in B in B in B in B in B in B in B in B in B, to the said parking lot, again drive a F rocketing car from the 2km section to the said parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Criminal records: Application of inquiry reports and investigation reports (verification of sound driving records)-related Acts and subordinate statutes;

1. Relevant legal provisions of the Act and Articles 148-2 (1), 44 (1) and (2) 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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) includes a criminal record of more than 30 times, and the criminal record of the suspended sentence or of the suspended sentence of imprisonment also includes a criminal record of the suspended sentence.

Also, as seen in the record of criminal records in the ruling, the defendant has already been subject to criminal punishment due to the refusal of drinking alcohol measurement.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, it shall be considered favorable to the fact that the defendant was punished as a fine on one occasion for drinking driving, that it was in 2008, and that the defendant is against the defendant.

In addition, various circumstances such as motive for drinking driving, place and distance of drinking driving, blood alcohol concentration (0.05%) and other circumstances after committing the crime, Defendant’s age, character and conduct, environment, etc.