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 October 11, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Gwangju District Court's Netcheon Branch.

On September 15, 2019, at around 23:15, the Defendant driven a Dabro Dadong parking lot in Gwangjuyang-si, B apartment C with approximately 0.151% of blood alcohol concentration at the 3km section of approximately 889 in front of the Mayang-ro post office in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on internal investigation (with respect to the telephone statement of the victim and the measurement of body body), - Photographs and internal investigation report (the blood alcohol concentration applicable to the AFE formula of the suspected AFE);

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (report accompanied by a copy of a summary order of the same kind of power), application of Acts and subordinate statutes of the summary order;

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 requires an accident that causes other vehicles while driving a child protection vehicle that does not have passengers aboard under the influence of alcohol even though the defendant had a history of criminal punishment due to a drunk driving, and the risk of such act is high.

However, under the circumstances such as the defendant's attitude to reflect in depth the defendant's mistake, there is no other punishment force than before the judgment, and the defendant's health is not good and economic situation is also difficult, the defendant's age, character and conduct, environment, circumstances and results of the crime of this case, and various sentencing conditions in the records shall be determined as ordered by taking into account the following factors.