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 July 24, 2007, the defendant has been sentenced to a suspended sentence of two million won for a crime of violation of the Road Traffic Act in the Gwangju District Court on October 10, 2009, a fine of three million won for a crime of violation of the Road Traffic Act in the Gwangju District Court on November 13, 2009, and a fine of three million won for a crime of violation of the Road Traffic Act in the Gwangju District Court on November 2, 2010.

【Criminal Facts】

On April 19, 2020, at around 00:26, the Defendant driven an Eco-car from C parking lot located in Gwangju Mine-gu, to about 2 km from the G parking lot in Gwangju Mine-gu, to the ground parking lot in Gwangju Mine-gu, while under the influence of alcohol by 0.104% of alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: The application of Acts and subordinate statutes to criminal investigation reports (Attachment of judgment, etc.);

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 as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.