A defendant shall be punished by imprisonment for a term of one year and two 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 November 13, 2009 and November 5, 2007, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 500,000,00 from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】

around 22:30 on July 10, 2019, the Defendant driven a F vehicle under the influence of alcohol content of about 10km from around 10km to around 23:30 on July 10, 2019 to the front road of “E” located in Gwangju Mine-gu D.

Accordingly, the defendant, who was punished not less than twice due to drinking driving, once again driven a motor vehicle while under the influence of alcohol.

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: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 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 of the Criminal Act and Article 59 of the Act on Probation, etc. include a large number of criminal offenses, which include two criminal offenses, as shown in the judgment of the court below.

Nevertheless, the defendant is not only responsible for driving under the influence of alcohol at the time, but also the blood alcohol concentration (0.107%) at the time.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding a fine and that the defendant has not been punished for drinking driving near 10 years after 2009.

In addition, the motive of drinking driving, the place of drinking driving, and the place of drinking driving.