A defendant shall be punished by imprisonment for not less than one year and six 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

On April 24, 2009 and April 6, 2011, the Defendant received a summary order of a fine of one million won and a fine of three million won, respectively, from the Gwangju District Court as a crime of violation of the Road Traffic Act.

On September 11, 2019, at around 00:25, the Defendant driven a DNA car with approximately KRW 1 km alcohol concentration of 0.212% under the influence of alcohol, from the front of a mutually influent restaurant in the Seo-gu Seoul Metropolitan City to the front of the “C” in the same Gu’s Gu’s Gu’s “C”.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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. Previous convictions in judgment: 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. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on the Probation, etc., is that the defendant has already been punished by drinking alcohol concentration: 0.096% and 0.151% each, despite the fact that he/she has already been punished by drinking alcohol level, he/she is obliged to choose imprisonment in that not only he/she has been under drinking alcohol level (0.212%) but also has high blood alcohol concentration (0.

However, if the defendant excludes the previous convictions of fines on two occasions due to drinking driving, there is no particular criminal punishment, and the fact that the defendant is seriously against the defendant shall be considered favorably.

In addition, the various circumstances that form the conditions for sentencing, such as the motive for drinking driving, the place and distance of drinking driving, the circumstances after committing the crime, the defendant's age, character and behavior, and the environment, shall be comprehensively considered.