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

Punishment of the crime

[criminal power] On November 13, 2012, the Defendant received a summary order of KRW 2.5 million from the Seoul Southern District Court due to a violation of the Road Traffic Act (driving). On August 17, 2018, the Defendant received a summary order of KRW 4 million from the Jeju District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 19, 2019, at around 05:55, the Defendant violated Article 44(1) of the Road Traffic Act by driving Dbenz automobiles at least twice, while under the influence of alcohol at approximately 200 meters from the parking lot in Seo-gu, Gwangju to the front of Gwangju, Seo-gu, Gwangju, and at least 0.08% of alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant legal provisions of the Act and 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. As seen in the reasoning of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant has already been subject to criminal punishment twice or twice due to drunk driving, each of which is 0.084% of blood alcohol concentration, 0.156%, and other charges by causing a traffic accident.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that the defendant is engaged in driving under the influence of alcohol.

However, the above previous convictions are both previous convictions of fines, the distance of drinking driving is relatively short, and the fact that the defendant is seriously against his will be considered favorable.

In addition, the motive of drinking driving, place and distance of drinking driving, and after committing the crime.