A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On December 14, 2017, the Defendant was sentenced to a suspended sentence of two years on December 22, 2017 by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 14, 201.

【Criminal Facts】

On November 17, 2019, at around 21:37, the Defendant driven a motor vehicle with approximately KRW 5 km from the front side of Gwangju Northern District B to the front side of D located in the same Gu C, while under the influence of alcohol concentration of about 0.078%.

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. Inquiries about the result of crackdown on drinking driving;

1. Previous conviction: Application of a reply to inquiries, such as criminal records, and a criminal investigation report [including a judgment attached thereto and a case summary information inquiry] statute during the period of suspension of the execution of sound driving;

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. Article 62 (1) of the Criminal Act;

1. In light of the fact that the instant crime was committed during the period of suspension of execution, as stated in the reasoning of sentencing Article 62-2 of the Criminal Act, it is necessary to punish the Defendant with strict punishment, considering the following: (a) it does not reflect the history of being sentenced to suspension of execution due to traffic accidents caused during drinking, as stated in the records of the criminal records in the judgment on the grounds of sentencing.

The punishment shall be selected and punished by imprisonment with prison labor, and an opportunity shall be given to the defendant and a suspended sentence shall be imposed once again, considering the fact that the crime of drunk driving is the second one, the period of the suspended sentence is the second, the blood alcohol level is not the higher, the support of the defendant is necessary, the defendant has a child in need of support, and the defendant recognizes and reflects his/her mistake.

In addition, the details of the drinking driving, the distance and place of the drinking driving, the details of the control, and the details of the driving.