A defendant shall be punished by imprisonment for a term of one year and three 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

The Defendant was sentenced, at the Gwangju District Court, to a fine of 50,000 won on June 19, 2006, and a fine of 2 million won on January 16, 2009, respectively, to a summary order of 200,000 won on the same crime. On February 23, 2012, the Defendant was sentenced to a suspended sentence of 2 years on June and six months on June 13, 201 for the same crime.

Around 09:00 on May 26, 2020, the Defendant driven an Epoter II truck at approximately 15 K K m from the front day of the Jeonnam-gun, Young-gun to the front road of the D Job Placement Office located in C of the same Gun while under the influence of alcohol of 0.122% of alcohol level.

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. Notification of the result of crackdown on drinking driving;

1. Previous records: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking account of the fact that the defendant, with the reason of sentencing in Article 62-2 of the Criminal Act, has a number of criminal records of the same kind due to drunk driving, and in particular, even though the defendant has been sentenced to imprisonment with prison labor and the suspension of execution of imprisonment with prison labor, it is inevitable to choose to imprisonment with prison labor.

However, there are circumstances such as the fact that there has been a considerable time from the date of the defendant's final crime of the same kind, and the defendant has an obstacle to the knee-man movement due to the fall accident.

This case’s crime includes blood alcohol concentration at the time of the crime, the background leading up to the drunk driving, the distance and place of the drunk driving, and the defendant’s wrong offenses, and other sentencing conditions as shown in the records and arguments, including the defendant’s age, character and conduct, and circumstances before and after the crime, shall be sentenced to probation, and probation shall be ordered.