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

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

On June 29, 2009, the Defendant was sentenced to a suspended sentence of two years for five months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Gwangju District Court's wooden branch.

Nevertheless, at around 15:40 on January 4, 2020, the Defendant driven an E truck while under the influence of alcohol with approximately 100 meters alcohol concentration of 0.140% from the 100-meter section, from the front of the parking lot for the Dapung-gun, Chungcheongnam-gun B market, Seoul to the front of the Dop General road in C.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and report on the control of drinking alcohol;

1. Application of Acts and subordinate statutes to criminal history records, reply reports (A) and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. It is not easy that a crime has been committed in the same kind of crime for the reason of sentencing under Article 62(1) of the Criminal Act, even if having been punished several times, and that the crime has been committed again.

Therefore, the execution of punishment shall be suspended only once, considering the fact that there is no punishment for a crime until now after being punished in 2010, the distance of drinking driving and the details of control, and other circumstances such as the age, sex, family environment of the defendant.