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

On July 5, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

around 22:46 on October 27, 2019, the Defendant driven a DNA motor vehicle with approximately 50 meters alcohol concentration 0.13% while under the influence of alcohol level 0.13%, from the front side of the Gwangju Mine to the front side of the same Gu C.

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 report on the status of the employer 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. As can be seen from the record of the first head of the criminal facts indicated in the judgment of the reason for sentencing of Article 62(1) of the Criminal Act (hereinafter “the reason for sentencing”), the Defendant is entitled to imprisonment in that the Defendant is not only the Defendant’s driving at once but also the blood alcohol concentration (0.13%) higher than the blood alcohol concentration (0.13%) of the Defendant’s driving at once despite the fact that the first head of the criminal facts had already been punished.

However, it is advantageous 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 is against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.