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 becomes final and conclusive.

Criminal facts

On December 17, 2014, the Defendant issued a summary order of KRW 4 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, etc. in the Gwangju District Court’s Netcheon Branch on December 17, 2014, and a summary order of KRW 1.5 million for the same crime in the same court on September 6, 2016.

피고인은 2019. 11. 1. 21:35경 여수시 화장동에 있는 상호불상의 식당 앞 도로부터 같은 동 949에 있는 성산공원 앞 도로까지 약 300m 구간에서 혈중알코올농도 0.069%의 술에 취한 상태로 B 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, investigation reports (verification of the same kind of power), application of each summary order Acts and subordinate statutes;

1. Relevant 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is very negative for the defendant to drive alcohol again while drinking alcohol despite his/her past record of criminal punishment twice due to drinking alcohol.

However, under the circumstances, the defendant seems to have a attitude that the defendant would not drive under the influence of alcohol again while reflecting his/her mistake, the blood alcohol concentration level is relatively high, and the wife and the three children are responsible for supporting them, the defendant's age, character and behavior, environment, criminal records, the background and result of the crime of this case, and the circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing factors in the records such as the defendant's age, character and behavior, environment, criminal records, and the circumstances after the crime.