A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On March 30, 2007 and September 3, 2014, the Defendant received a summary order of KRW 700,000 and KRW 1 million, respectively, for each of the crimes of violation of the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On February 3, 2019, the Defendant driven an Epis car from the section of about 30 meters from Gwangju Mine to the front of the D Hospital located in the same Gu C, while under the influence of alcohol of 0.165% of blood alcohol concentration on February 3, 2019.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Statement on the circumstantial statement of the employee;

1. Written response to the request for appraisal;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. include three times of suspended sentence and two times of criminal records of drinking driving.

Nevertheless, it is inevitable to choose imprisonment in that the defendant is also under the influence of drinking, and the blood alcohol concentration (0.165%) at the time is high.

However, the execution of a sentence shall be suspended in consideration of the fact that the defendant has no record of criminal punishment exceeding a fine due to drunk driving, and the fact that the defendant is willing not to drive a drinking again while seriously against the crime of this case, etc., and the execution of the sentence shall be suspended in consideration of the place and distance of drinking driving, the age and character of the defendant, character and behavior, environment, and circumstances after the crime, etc.