A defendant shall be punished by imprisonment for not less than eight 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 July 24, 2006, the Defendant received a summary order of KRW 1,50,000 from the Seoul Central District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act, and on October 2, 2007, a summary order of KRW 4 million for the same crime at the Seoul Southern District Court.

At around 23:30 on May 9, 2019, the Defendant driven a car by driving the car from approximately 1 km section from the front day of the store located in Gwangju Seo-gu to the front day of the E Middle School located in Gwangju Seo-gu, Seo-gu, in a state of alcohol of 0.061% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Previous conviction in judgment: The application of Acts and subordinate statutes by inquiry;

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 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 stated in the first head of the crime committed in the judgment of sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., Defendant has already been punished two times or more due to drinking driving, as well as Defendant has already been punished four times or more due to driving without a license, thereby causing a traffic accident and eventually causing a traffic accident.

However, it is more favorable to the fact that the defendant has no record of criminal punishment exceeding a fine due to drunk driving, that the defendant has no record of punishment due to drunk driving or unlicensed driving after 2008, and that the blood alcohol concentration level at the time of the pertinent drunk driving is relatively low.

In addition, the motive of drinking driving, the place where drinking driving is conducted, and the distance.