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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On January 29, 2016, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 19, 2019, at around 19:38, the Defendant driven a motor vehicle with the highest level of 0.20% (blood collection value) of blood alcohol concentration in the section of about 5 km from the road near the “C Burial” located in Gwangju Northern-gu B to the road located in Gwangju Seo-gu, and in front of the “E” restaurant.

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. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Previous conviction: Application of Acts and subordinate statutes governing the same kind of electric power;

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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.