A defendant shall be punished by imprisonment for not less than one year and six 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

On August 23, 2013 and January 8, 2016, the Defendant received a summary order of a fine of KRW 1.5 million and a fine of KRW 2 million, respectively, from the Gwangju District Court as a crime of violation of the Road Traffic Act.

On July 27, 2019, around 00:10, the Defendant driven an E rocketing car with approximately 100 meters alcohol concentration of 0.171% under the influence of alcohol on the section of approximately 100 meters from the roads adjacent to the Gwangju Northern District B market to the roads prior to “D” located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: To refer to inquiries and to the application of each 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 several criminal records for the defendant, and the criminal records for the suspended sentence of imprisonment also include the criminal records for imprisonment.

In addition, as seen from the first head of the crime, even though there has been two times or more penalties due to drinking driving, the defendant is chosen to imprisonment in that not only the defendant was engaged in driving at once but also the blood alcohol concentration of the time is high.

However, it shall be considered favorable to the fact that there is no record of punishment exceeding a fine due to drinking driving and the fact that the defendant seriously reflects the fact.

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 the crime is committed, the defendant's age, character and conduct, and the environment.