A defendant shall be punished by imprisonment for not less than one year and six months.

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

On December 9, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

On August 19, 2019, at around 14:10, the Defendant driven a DNA cargo vehicle with approximately 10km of alcohol content 0.139% while under the influence of alcohol content, from the roads near the Chuncheon-gun of Mannam to the roads near the “C” located in the same Gun B.

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. 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. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include several criminal records, and the criminal records of the suspension of execution of imprisonment with labor are included in two times.

In addition, as seen in the first place of crime, although there was a history of punishment for drinking driving already, the defendant is chosen to imprisonment in that not only the defendant was engaged in drinking driving but also the blood alcohol concentration at the time, despite the fact that there was a high history of punishment for drinking driving.

However, it shall be considered favorable to the fact that there is no record of punishment exceeding a fine due to drinking driving and the fact that the defendant seriously reflects the fact.

In addition, the various circumstances that form the conditions for sentencing, such as the motive for drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and conduct, and the environment, shall be comprehensively considered.