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

[Criminal Power] On January 16, 2008, the Defendant received a summary order of KRW 500,000 from the Incheon District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and KRW 1.2 million as a fine at the Gwangju District Court on May 18, 2016.

【Criminal Facts】

On October 21, 2019, while under the influence of alcohol on 23:00 and blood alcohol concentration of 0.063%, the Defendant driven a rash car from the front of the cafeteria building located in the Hannam-2 district of Gwangju Mine-gu to the front road of the Health Insurance Review Board located in 210 as the same Gu, from around 1km to the front road of the “Health Insurance Review Board” located in 210.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, 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 record of criminal records in the judgment of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant is selected to be sentenced to imprisonment in that he/she is engaged in drinking alcohol even though he/she had already been punished twice or twice due to drinking driving, despite the fact that he/she had already been sentenced to 0.088% and 0.079%, respectively.

However, it shall be considered favorable to the fact that the defendant has no record of criminal punishment exceeding the fine due to drinking operation, and that the defendant is against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive for drinking driving, place and distance of drinking driving, blood alcohol concentration (0.063%) and the numerical value of blood alcohol concentration (0.063%) after committing the crime, and other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct, and the environment.