A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal power] On April 4, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on April 4, 2013, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on January 13, 2015.

On March 10, 2019, at around 23:53, the Defendant driven a e-learning vehicle under the influence of alcohol concentration of about 1.5 km from the front of the Southern-gu Gwangju metropolitan hotel to the front of the Diplomatic Association located in the same Gu C, while under the influence of alcohol concentration of about 0.098%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by comprehensively taking account of the various sentencing conditions as shown in the records and arguments of this case.