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

[Power of violation of Article 44(1) of the Road Traffic Act] On October 19, 2007, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court as a crime of violation of the Road Traffic Act. On July 4, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime, etc.

【Criminal Facts】

On October 12, 2019, the Defendant driven a D low-priced car from about 1 km section to the front road of a mast plant located in the front of the Yannam-gun Village B, Jeonnam-gun, with a blood alcohol concentration of 0.202%, while under the influence of alcohol around 17:05.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Notification of the control of drinking driving;

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

1. Previous convictions: Criminal history records, probationary orders of the Gwangju District Court No. 2007 High Court Decision No. 23448, and application of Acts and subordinate statutes of the judgment of the Gwangju District Court No. 2008 High Court No. 1135;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and twice due to the previous drunk driving, and had already been punished by a suspended sentence of imprisonment, and the instant penal provision was also high. Thus, the Defendant shall be sentenced to imprisonment with prison labor.

However, circumstances such as the fact that there is a big interval between the previous conviction and the criminal day of this case, and the fact that the defendant made a statement that he sold the vehicle, and the mistake is divided (which did not submit the data on the sale of the vehicle) can be considered.