A defendant shall be punished by imprisonment for one year.

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 September 28, 2007 and September 13, 2010, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 2.5 million, respectively, for the crimes of violation of the Road Traffic Act from the Daegu District Court. On July 20, 2009, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 1.5 million for the same crimes from the vice branch of the Daegu District Court.

【Criminal Facts】

On October 14, 2019, at around 22:17, the Defendant driven a FMW car with approximately approximately 100 meters alcohol concentration of 0.130% from the roads adjacent to the “CB” located in Seo-gu, Seo-gu, Gwangju to the front road of the “E Elementary School” located in Seo-gu, Gwangju.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, 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 Act on Probation, etc., the Defendant has the following: 0.13%, 0.096%, 0.096%, and 0.097%, respectively.

Nevertheless, the defendant will choose imprisonment in that not only caused traffic accidents while driving under the influence of alcohol, but also the blood alcohol concentration (0.130%) is high.

However, there is no history of criminal punishment exceeding a fine due to a drunk driving, and all criminal records before 2010 are considered favorable to the fact that the criminal defendant again does not drive under the influence of alcohol and that the criminal defendant does not drive under the influence of alcohol again.

In addition, the drinking driving shall be allowed.