A defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On November 24, 2017, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Gwangju District Court.

【Criminal Facts】

On September 3, 2019, at around 01:55, the Defendant driven a D low-priced vehicle with a blood alcohol concentration of about 0.113% while under the influence of alcohol in approximately 200 meters from the roads near Gwangju Northernbuk-gu Bridge to the roads near Gwangju Northern-gu C apartment.

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 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 reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include a large number of criminal records including a criminal record before and after drinking alcohol, and a large number of criminal records including a blood alcohol concentration of 0.065%, among which criminal records are included two times or more.

Nevertheless, the defendant is not only responsible for driving under the influence of alcohol, but also the blood alcohol concentration (0.113%) is relatively high.

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 various circumstances, such as the motive for drinking alcohol driving, the place and distance where drinking alcohol driving is conducted, the circumstances after committing the crime, the defendant's age, character and conduct, and the environment.