On October 25, 2016, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court on October 25, 2016, and on October 30, 2019, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the same court on August 30, 2019 and was sentenced to a suspended sentence of two years by the same court on November 7, 2019.

On April 12, 2020, at around 19:07, the Defendant driven a two-wheeled vehicle FCA 110B under the influence of alcohol concentration of approximately 0.193% at a distance of about 500 meters from the road before the Mine Police Station Epis located in Yong-gun B, Young-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiries into criminal records, etc., investigation reports (the identity of a suspect and confirmation of the period of suspension of execution), copies of written judgments, etc.;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant, with the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, once again drives under the influence of the same kind of crime due to drunk driving and refusal to measure alcohol; in particular, it is impossible to suspend the execution because the Defendant committed the instant crime even during the suspended execution period, and considering the fact that the blood alcohol concentration at the time of the instant crime is considerably high, choice of imprisonment is inevitable.

In this context, the scope of imprisonment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, and circumstances before and after the crime, when the defendant was under drinking, the distance and place of drinking driving, and the defendant's mistake.