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 became final and conclusive.

Punishment of the crime

[Criminal Power] On November 28, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Gwangju District Court on November 28, 2008.

【Criminal Facts】

On September 2, 2019, the Defendant was under the influence of alcohol at around 03:17, and at least 0.202% of blood alcohol concentration, and the Defendant violated the prohibition of drinking driving by driving a 2-3-meter DNA-free car in front of the “Criju station” in Seo-gu, Seo-gu, Gwangju at least twice.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the relevant 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. As seen in the record of criminal records in the judgment on the reason of sentencing of Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”) of the Act on the Suspension of Execution (hereinafter “the reason for the suspended sentence”), the Defendant selects imprisonment with prison labor in that the Defendant, despite the fact that the Defendant had already been punished once as a drunk driving, was engaged in driving at once despite the fact that the blood alcohol concentration was 0.094%, and that the blood alcohol concentration (0.202%) is very high.

However, the defendant does not have any previous conviction except for a one-time fine due to a drunk driving, and the previous conviction is 2008 degrees, which has been relatively old, and there are circumstances to take into account the circumstances of a drunk driving, and the acting driver has been able to observe it while driving the vehicle while driving the vehicle, and then he has been subject to the report of the person demanding the money and valuables.

It shall be considered favorable to the fact that the distance of drinking driving is only two to three meters.

Other circumstances that are conditions for sentencing, such as places where drinking alcohol is driven, circumstances after crimes, age, character and behavior, and environment of the accused.