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] The Defendant was discovered as a drunk driving on July 31, 2019 and was charged with summary charges on September 2, 2019 with the Gwangju District Court for the violation of the Road Traffic Act.

【Criminal Facts】

At around 02:40 on August 23, 2019, the Defendant driven a D Lasta car in the state of alcohol alcohol concentration of about 0.090% from the front side of the “B apartment in Gwangju Mine-gu,” to the front side of the “C” in the vicinity.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

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

1. Criminal records: Inquiry reports, investigation reports (verification of summary indictments due to driving under the influence of alcohol of a suspect), and application of Acts and subordinate statutes on indictments;

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. As seen in the record of criminal records in the judgment on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act, the Defendant’s blood alcohol concentration in drinking driving on July 31, 2019 shall be selected as imprisonment in that: (a) even though the Defendant was found to have been found to have 0.085%, he did not run a drunk driving again without any lapse of one month; and (b) the blood alcohol concentration (0.090%) is not lower than the blood alcohol content.

However, if the defendant excluded his previous conviction due to drinking driving as seen earlier, the fact that he has a previous conviction of a fine for a time and that the defendant is relatively old shall be considered in favor of others.

In addition, various circumstances that form the conditions for sentencing, such as the background of drinking driving, the place and distance of drinking driving, the circumstances after the crime, the defendant's age, character and behavior, and the environment.