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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On May 21, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court, and on July 12, 2007, a fine of KRW 4 million as the same crime, etc. at the Seoul Central District Court. On October 13, 2009, the Defendant was sentenced to a fine of KRW 3 million as a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) at the Sungnam Branch of Suwon District Court.

【Criminal Facts】

Although the Defendant had the record of violating Article 44(1) and (2) of the Road Traffic Act, the Defendant again driven a eMW 320i car from the 2km section from the c parking lot located in Gwangju City, Gwangju, to the front road, while under the influence of alcohol at around 21:43 on October 3, 2019, while under the influence of alcohol at around 0.164% of alcohol level.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 Code of the Order of Education and the Order of Community Service is a very high-risk crime that may infringe on the life and property of others as well as itself, and thus, it is highly necessary to strictly punish the blood alcohol concentration of this case.

The defendant has a criminal record of drinking up to three times, and has a record of driving without a license up to three times.

However, the Defendant recognized the facts charged in the instant case and opposed thereto, and the interval between the previous drinking driving and the refusal of drinking alcohol measurement and the drinking driving in the instant case is relatively long.

In addition, the age, character, conduct and environment of the defendant, and the motive, means and result of the crime of this case shall be followed.