A defendant shall be punished by imprisonment for six months.

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 June 26, 2012 and December 19, 2016, the Defendant received a summary order of a fine of KRW 1.5 million and a fine of KRW 2 million from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

On April 7, 2019, the Defendant driven a motor vehicle Esp-type from around 200 meters away from the front of the restaurant where the trade name in Gwangju Mine-gu cannot be known in the state of alcohol 0.071% of blood alcohol concentration on April 7, 2019 to the road after the C Apartment Ddong in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Previous convictions in judgment: To refer to inquiries and to the application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 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 of the Criminal Act and Article 59 of the Act on Probation, etc. is that it is inevitable to choose a sentence of imprisonment in that the defendant has already been punished twice or twice due to drinking driving, even though he had already been subject to punishment.

However, the execution of a sentence shall be suspended in consideration of the fact that there is no record of punishment exceeding a fine due to a drunk driving, the fact that all drunk drivings do not exceed 0.1%, and the fact that the defendant seriously reflects the fact that the defendant is driving, etc. In addition, the execution of the sentence shall be deferred in consideration of the motive of the drunk driving, the place and distance of the drunk driving, the blood alcohol concentration level, the blood alcohol concentration level after the crime, and other circumstances of the defendant.