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

Punishment of the crime

[Criminal Power] On April 7, 2015, the Defendant was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Gwangju District Court, and a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court on December 15, 2016.

【Criminal Facts】

On November 18, 2019, at around 13:20, the Defendant driven an E-high-est car from about 10km to the front road of the D Elementary School located in Gwangju Dong-gu, Gwangju, in the state of alcohol of 0.280% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of Acts and subordinate statutes such as judgment;

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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation are as follows: (a) the Defendant committed the instant crime even though he was sentenced to a suspended sentence of imprisonment due to a drunk driving crime as stated in the judgment of the Defendant; and (b) the blood alcohol concentration of the instant crime is very high; (c) the Defendant is sentenced to imprisonment with prison labor; (d) the Defendant is recognized to commit the instant crime; and (e) the Defendant shall be sentenced to imprisonment with prison labor by taking into account the following factors: the motive and background of the instant crime; (e) the circumstances after the instant crime was committed; (e) the Defendant