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 becomes final and conclusive.

Punishment of the crime

[criminal power] On December 3, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on December 3, 2009. On November 2, 2010, the Defendant issued a summary order of KRW 4 million for the same crime in the same court, and on January 26, 201, was sentenced to two years for a suspended sentence of imprisonment for the same crime in the same court.

【Criminal Facts】

On July 24, 2020, at around 22:54, the Defendant driven a DNA car within a 50-meter range from the front of a mutually influent restaurant located in the Gungung-gu, Young-gu, Young-gu to the front of the road located in the same Gu B, under the influence of alcohol by 0.187% of alcohol concentration.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records and application of the same summary order statutes;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant re-driving a motor vehicle even though he/she had been punished once a suspended sentence due to drinking, etc.

The blood alcohol concentration of this case is very high, and traffic accidents occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the minor physical damage occurs due to traffic accident, the previous probation is the year 2011, and there is no particular criminal conviction thereafter, the sentence of the defendant's sentence is harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.