A defendant shall be punished by imprisonment for one year.

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 December 12, 2013 and February 18, 2016, the Defendant received a summary order of KRW 3 million, respectively, for a crime of violation of the Road Traffic Act from the Gwangju District Court.

On May 30, 2019, at around 23:22, the Defendant driven a car in the Fti-gu under the influence of alcohol concentration of about 50 meters from the 50-meter section to the “E” road located in Seo-gu, Seo-gu, Gwangju to the “E” road located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. A report on internal investigation (a 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 legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. have the record of having been already punished two times or more due to drinking driving, as stated in the judgment of the court below.

Nevertheless, the defendant is selected to be sentenced to imprisonment in that not only the defendant has engaged in a diversous driving but also the blood alcohol concentration (0.151%) at the time is high.

However, the defendant's previous convictions due to drinking driving, and the distance of drinking driving is relatively short, shall be considered favorably.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for drinking alcohol driving, the place where drinking alcohol driving is conducted, the age, character and conduct of the accused, and the environment.