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

On May 2, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act in the Gwangju District Court's net support on June 25, 2020, and the judgment became final and conclusive on June 25, 2020, and on the same support on April 9, 2018, issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act, and the same criminal records of drinking driving are five times in total.

On February 20, 2020, the Defendant driven D-Wz vehicles with blood alcohol concentration of 0.052% at the front of C on the roads located in Net City B around 23:01.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of a judgment: Application of three copies of the judgment, such as criminal records, inquiry reports (Attachment to the judgments, etc. of the same kind of suspect), net thousand assistance, and net thousand assistance, by Act No. 125 of the judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 0.052% higher than the amount of discretionary punishment, and considering the fact that the Defendant’s mistake is against each other);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (Article 62(1) of the Criminal Code has the history of having been punished five times for driving under the influence of alcohol, and in particular, even though having been sentenced to two years of suspended sentence in one year and six months of imprisonment due to a violation of the Road Traffic Act during the period of 2009, it seems that a serious punishment is necessary in view of the fact that driving under the influence of alcohol is conducted under the influence of two years of suspended sentence: Provided, That the sentence of suspended sentence is not higher than 0.052%, a considerable period of time has elapsed from the time when the above judgment was sentenced, and the defendant is against the law

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;