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, 2016, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Jeonju District Court’s branch court.

【Criminal Facts】

On August 22, 2019, the Defendant was under the influence of alcohol at around 19:40 and 0.131% of alcohol concentration in blood, and the Defendant was driving B-crin car at approximately 80km from the front of a cafeteria located on the Mannam-gun, Gangnam-gun to the East Mine Toltro in Gwangju mine located in the Gu of Gwangju.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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 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, as seen in the record of the crime, is in the blood alcohol concentration of the past that has already been punished for a drunk driving: 0.073%.

Nevertheless, in light of the location of the drinking driving, the distance of the drinking driving (80km) and the blood alcohol concentration (0.131%) of the defendant's vehicle, the defendant's vehicle has a high risk of driving under the influence of alcohol.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding the fine due to drinking driving, and that the defendant is seriously against his/her will.

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 the crime is committed, the defendant's age, character and conduct, and the environment.