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.

Criminal facts

On July 30, 2012, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act in the Gwangju District Court's net order support.

At around 22:50 on October 2, 2019, the Defendant driven DK5 taxi with 30cc alcohol while under the influence of alcohol level of 0.185% on the front side of C, which is located in Flusc City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Bluebbbboxes and flue photographs;

1. Previous records of judgment: Criminal records, references to criminal records, investigation reports, - Application of a copy of the judgment;

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 Act is very negative that the defendant causing an accident while driving a motor vehicle under the influence of alcohol again even though he/she had a history of criminal punishment twice due to drinking driving.

However, in light of the circumstances, such as the defendant's attitude to reflect in depth on his mistake and the fact that the defendant is expected not to drive under the influence of alcohol again, there is no history of punishment exceeding the fine, the defendant was engaged in the taxi driving business, but the license was revoked due to the influence of alcohol in this case, the defendant's economic condition is difficult, and the defendant is responsible for supporting wife and three children, etc., the punishment shall be determined as per the disposition by taking into account various sentencing conditions shown in the records, such as the defendant's age, character and behavior, environment, the background and result of the crime in this case, the circumstances after the crime, etc.