A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Criminal Power] On October 31, 2013, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court.

【Criminal Facts】

On July 20, 2019, around 10:10 on July 20, 2019, the Defendant driven Cho-do car under the influence of alcohol concentration of approximately 3.8 km from the Yandong-gu B to the road near the highway in the Jeoni-gu in the Jeoni-si.

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. Notification of the results of crackdown on drinking driving;

1. Previous convictions in judgment: A reply to inquiries, such as criminal records, and application of one copy of judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The sentence of imprisonment is to be imposed once more suspended considering the favorable circumstances, such as the fact that the Defendant had been punished four times prior to the instant crime, including the criminal records as indicated in the reasoning of sentencing under Article 62-2 of the Criminal Act, and the record of punishment for driving under drinking prior to the instant crime. However, the sentence of suspended sentence is to be imposed once more considering the favorable circumstances, such as the high blood alcohol level and the high distance between the previous driving force and the instant crime.

In addition, the details of the drinking driving, the distance and place of the drinking driving, the details of the control, the age, character and conduct, environment, circumstances after the crime, etc. shall be determined as the sentence as ordered.