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

On January 18, 2008, the defendant was issued a summary order of KRW 700,000 by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On December 5, 2019, at around 22:55, the Defendant driven an E high-speed vehicle with approximately 150 meters alcohol concentration 0.082% under the influence of alcohol from the area of approximately 150 meters to the D neighboring road located in Gwangju Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Records before judgment: Criminal records, etc., investigation report - Attachment of the same military record, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Act is that the defendant was punished by a fine for drunk driving in 2001, 2006, and 2008, and again, he was under the influence of alcohol driving in this case, and the defendant was sentenced to imprisonment on the ground that there are no circumstances that particularly consider the circumstances of drunk driving.

However, the above punishment history and the time interval between the crime of this case exceeds about 11 years, there is no record of punishment exceeding the fine, the blood alcohol concentration (0.082%) is relatively high, and the drinking driving distance (150m) is relatively short, and the execution is postponed by comprehensively taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., and is ordered to attend the compliance driving course.