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 July 10, 2014, the Defendant received a summary order of KRW 4 million from the Gwangju District Court due to the crime of violation of the Road Traffic Act.

On October 6, 2019, at around 03:15, the Defendant driven a DNA motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.176% from the front side of the “C” in Ischeon-si B to the long distance of the East apartment located in the new nautical miles of the Sinju-Eup, Nam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. A report on internal investigation and on-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes concerning attached data;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively considering the following factors.

Unfavorable circumstances: The fact that the driver re-drivings a motor vehicle despite the power already punished for a drunk driving, the blood alcohol concentration was high, and the risk was considerably high in light of the location, condition, etc. of the defendant and the vehicle at the time of detection, and the normal situation that is favorable to the driving distance was reasonable: The confession and reflects the crime.