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

Punishment of the crime

[criminal power] On December 17, 2012, the Defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act at the Gwangju District Court on August 17, 2012. On May 26, 2016, the same court sentenced the imprisonment for one year for a crime of violation of the Road Traffic Act (driving) and completed the execution of the sentence on April 14, 2017.

【Criminal Facts】

On April 4, 2019, at around 22:04, the Defendant driven CM5 car in the state of alcohol alcohol concentration of about 0.216% from the section of approximately 900 meters to the front road of Gwangju Northern-gu B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: Inquiry reports, results of confinement of prisoners, and application of each statute of the judgment;

1. Relevant legal provisions and Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime

1. As seen in the record of criminal records indicated in the judgment on the reason for sentencing, the Defendant has already been punished for drinking driving several times, and the Defendant includes a criminal record or a criminal record of a suspended sentence of imprisonment, among them, as stated in the judgment on the reason for sentencing.

In particular, as long as the defendant was sentenced to imprisonment for one year due to drinking driving and was sentenced to imprisonment for a repeated crime, the defendant who committed the crime during the period of repeated crime is sentenced to imprisonment with prison labor in that not only the defendant was engaged in driving at the time, but also his blood alcohol concentration (0.216%) is very high, and so long as the defendant selects imprisonment with prison labor, the defendant who committed the crime is bound to be sentenced to imprisonment

In addition, the motive for drinking driving, place and distance of drinking driving, other circumstances after the crime, the defendant's age, character and conduct, environment, etc.