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 January 29, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

around 22:05 on September 13, 2019, the Defendant driven the Erostex in the form of alcohol with approximately 0.089% of blood alcohol concentration from the 1km section to the front road of the same Gu, from the 22:05 North-gu B apartment Cdong in Gwangju-gu, Gwangju, and the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal records, investigation reports, and statutes;

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. In light of the social risk of the crime of drunk driving for the reason of sentencing under Article 62-2 of the Criminal Act, it seems that a strict punishment is required for the crime of repeated drinking driving, and the defendant has a history of being punished by a fine three times prior to the crime of this case, if the defendant includes a long-term electric power, and the defendant's act of drinking driving has been revealed by the traffic accident that causes the shock of parked vehicles, etc., at once, shall be punished by imprisonment with prison labor for the defendant's act.

However, a suspended sentence shall be imposed in consideration of the fact that the distance between the last drinking driving force and the instant crime is long, and that the blood alcohol concentration is not the high level.

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age, character and conduct, environment, health conditions, circumstances after the crime, etc.