The Defendant was sentenced to a summary order of KRW 4 million on September 30, 2014, by a fine of KRW 1 million in the Gwangju District Court, on June 18, 2015, by imprisonment of KRW 2 years, and on October 19, 2017, by imprisonment of KRW 3 years, respectively, and on February 21, 2018, the period of suspension of execution becomes final and conclusive and conclusive.

On July 14, 2020, under the influence of alcohol level of 0.140% among the blood transfusion around 22:15, the Defendant driven a c1 ton cargo vehicle over a section of about 1 km from the front day of the B market in the vicinity of the Gwangju North-gu Seoul Northern District to the front day of the shooting distance of the library, such as Gwangju Northern District, etc.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of a suspended period, etc.);

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. In light of the fact that the Defendant again commits the instant crime despite having committed the same kind of crime, and the Defendant committed the instant crime during the suspended execution period due to the same crime, it is inevitable to choose a sentence of imprisonment.

However, there are circumstances such as the fact that the defendant's health status is not good and the defendant's mistake is recognized.

In this context, the scope of imprisonment is determined by taking into account the following circumstances: (a) alcohol concentration during the instant crime at the time of the instant crime; (b) the developments leading up to the driving of alcohol; (c) the distance and place during which the instant crime was committed; and (d) the Defendant’s age, sexual conduct; and (e) the circumstances before and after the instant crime committed.