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 1, 2006, the Defendant was issued a summary order of KRW 2.5 million by the Seoul East Eastern District Court due to a violation of the Road Traffic Act (driving). On August 29, 201, the Defendant was issued a summary order of KRW 3.5 million by the Gwangju District Court due to a violation of the Road Traffic Act (driving). On July 11, 2014, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 12, 2019, at around 02:05, the Defendant driven a FK9 vehicle under the influence of alcohol content of about 10 meters from the 10-meter section to the roads adjacent to the E Convenience point in Gwangju Northern-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Inquiry reports, written judgments, and application of summary order statutes;

1. Relevant legal provisions of the Act and 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 on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. provides that the defense counsel of the defendant for the reason of sentencing was an emergency evacuation or a justifiable act, but the grounds for sentencing were modified.

The defendant has a history of criminal punishment on several occasions due to drinking or unlicensed driving.

Among them, the number of years of suspended sentence of imprisonment with prison labor is also included in two times of criminal facts that cause a traffic accident while driving without a license and cause a person's injury.

Nevertheless, the defendant will choose imprisonment in that not only caused traffic accidents but also the blood alcohol concentration of the time is very high.

(b).