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 becomes final and conclusive.

Punishment of the crime

[Criminal Power] On March 18, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Gwangju District Court's net support.

【Criminal Facts】

On September 30, 2020, at around 04:40, the Defendant driven C-II cargo vehicle while under the influence of alcohol content of about 0.232% from the 5km section from the front of the trade influent main station in the Macheon-si Municipal Ordinance-dong to the front of the same city B.

Accordingly, the defendant, who violated the prohibition of drinking driving at least once, was driving a motor vehicle in a drunken state.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, requests for appraisal of blood alcohol concentration, and written appraisal;

1. The circumstantial statement of the employee;

1. Photographs of the accident site;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records as indicated in the judgment: Criminal history records, etc. inquiry report (A), investigation report (report attached to the same kind of power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Although the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is recognized and against the instant crime, Defendant’s blood alcohol concentration is significantly high to 0.232%, and Defendant’s responsibility cannot be deemed to be less than Defendant’s liability for re-offending despite his past record of punishment for the same kind of drinking offense in 2008.

In addition, social harm caused by drinking driving is very serious and thus it is necessary to strictly punish it. The blood alcohol concentration and driving distance of the instant case, the circumstances leading to the detection of the crime of drinking driving of the instant case (the occurrence of the Defendant’s fire from the Defendant’s vehicle by causing an accident involving road boundary while driving). The Defendant’s age, character and conduct, criminal records, and past same kind of crime.