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

On May 10, 2016, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (refluence of noise measurement) in the Gwangju District Court's Netcheon Branch.

At around 12:25 on May 23, 2020, the Defendant driven the E-Repurt Motor Vehicle while under the influence of alcohol concentration of 0.205% in the section of approximately 6 km from “C” to D in the same city near the same city.

As a result, although the defendant was punished for refusing to take a alcohol test, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.);

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

The Defendant had been punished twice due to drinking driving or refusal to measure drinking, and the blood alcohol concentration at the time of drinking driving of this case was very high by 0.205%.

In addition to the above circumstances, the defendant's age, character and conduct, family relationship, environment, etc. as shown in the trial process of this case shall be comprehensively considered and the sentence shall be determined as ordered.