A defendant shall be punished by imprisonment for not less than two years and six months.

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

Criminal facts

On April 18, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for the violation of the Road Traffic Act by the Gwangju District Court's net operation of the Gwangju District Court, and on December 10, 2010, the same court issued a summary order of KRW 2.5 million for the violation of the Road Traffic Act, and on January 31, 2013, the same court was sentenced to a suspended sentence of one year for the violation of the Road Traffic Act.

On October 25, 2019, at around 21:12, the Defendant driven a Drocketing GLS car under the influence of alcohol leveling to approximately 0.198% of alcohol alcohol level at the 20km section from the Do in the vicinity of the Cmaart located in the Chungcheongnam-gun, Chungcheongnam-do to the front road of the awning intersection located in the Southernnam-gu, Goungung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to previous records and written judgments, etc.), application of Acts and subordinate 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is very negative that a defendant drives a vehicle under the influence of alcohol again even though he/she had a record of criminal punishment several times due to drinking driving, etc.

However, in light of the fact that the defendant shows an attitude to reflect his mistake in depth, that he scraped the vehicle possessed by him while making the defendant not to drive under the influence of alcohol, that the defendant is receiving treatment after undergoing a diagnosis of bad faith in the written consent on December 9, 2014, and that more than five years have passed from the last previous and previous years, the defendant's age, character and behavior, environment, the circumstances and results of the crime of this case, and the circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition by taking into account various sentencing factors as shown in the records.