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

[criminal power] On December 19, 2013 and April 5, 2017, the Defendant received a summary order of a fine of KRW 1.5 million and a fine of KRW 4 million from the Gwangju District Court for a violation of the Road Traffic Act, respectively, and was punished for a drunk driving on four occasions in total.

【Criminal Facts】

On August 14, 2019, around 07:15, the Defendant driven a F K7 car under the influence of alcohol with approximately 0.054% alcohol concentration in the section of approximately 500 meters from “C” to “E” distance in the same city located in D from “C” to “E” located in the same city.

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: To refer to inquiries, and to the application of each summary order statutes;

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) is that the Defendant has already been punished four times or more due to drunk driving, and there is more previous convictions of fines such as unlicensed driving.

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

When a defendant is sentenced to imprisonment without prison labor or heavier punishment, the defendant is seeking a fine on the ground that he/she is automatically dismissed from his/her workplace, but the defendant who repeats drinking operations on several occasions is not able to repeat his/her punishment.

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

In addition, the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, and the defendant.