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

[criminal power] On July 14, 2008, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court, etc., and on October 24, 2014, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 29, 2020, the Defendant, while under the influence of alcohol at 0.193% of alcohol level, driven a f bargaining car within approximately 500 meters from the front of the cafeteria B, C, and D, up to the front of the “EM” road, under the influence of alcohol level 0.193%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is four times the Defendant was subject to criminal punishment due to drunk driving, and even if the Defendant was able to have been convicted of traffic-related crimes, such as unlicensed driving, the Defendant committed the instant drunk driving, and the blood alcohol concentration level at the time of the instant case was very high.

As such, it seems that there is a lack of compliance with the spirit of traffic law or safety awareness as repeated criminal acts of the same kind, and due to this, it is not good to the nature of the crime in that it was possible for high citizens on the road to suffer damage to their lives and property.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the accident does not lead to the accident, etc., and the defendant's age, attitude, environment, circumstances and distance, the degree of blood alcohol concentration, and the crime.