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 July 5, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and on May 31, 2013, the Defendant was sentenced to a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the net support of the Gwangju District Court on May 31, 2013. On February 3, 2015, the Defendant was sentenced to a summary order of KRW 6,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Gwangju District Court on February 3, 2015. On September 8, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act

【Criminal Facts】

On July 5, 2020, the Defendant had the power of violating the prohibition of driving under the influence of alcohol, but around July 21, 2020, the Defendant driven a motor vehicle in the E Spati-type under the influence of alcohol at approximately 5km from the Cpho-si, the front day of the Cpho-si, B, to the D apartment parking lot at the macrosi-si, with a blood alcohol concentration of 0.148%.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. The scope of sentencing under the law on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order: Determination of setting a sentencing guidelines for a period of one to two years: Imprisonment with prison labor for a year, for a period of one year and six months, for a suspended execution of three years (one year of probation, one year of community service, and one hundred and twenty hours), with a high blood alcohol level recognized as a suspended execution period (one time of a suspended sentence of imprisonment, five times of a fine, and the recent absence), for a majority of the same criminal records (one time of a suspended sentence of imprisonment, five times of a fine), the details and distance of driving, the defendant's age, character and behavior, environment