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 became final and conclusive.

Punishment of the crime

On December 17, 2007, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Gwangju District Court's wooden branch for a violation of the Road Traffic Act.

Nevertheless, at around 16:54 on October 12, 2019, the Defendant driven an Epoter 2 cargo vehicle while under the influence of alcohol leveling 0.218% from the Do in front of C to the front of D from about 4km.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition of a traffic accident, report on the occurrence of a traffic accident, photographs at the scene of an accident, circumstantial report on a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking

1. Application of Acts and subordinate statutes in Part II of criminal records, reply reports (A) and summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The suspended sentence of Article 62(1) of the Criminal Act, even though the person was punished for the purpose of drinking alcohol, is once driving under the influence of alcohol, and the degree of blood alcohol concentration is very high to commit the crime.

Therefore, it shall be punished by imprisonment with prison labor, and it shall be punished for several crimes until now, but the drinking driving shall be punished by a fine in 2001 and 2007, and there shall be no punishment except for the punishment, and it shall be against the crime and shall not drive under the influence of alcohol again, and other circumstances such as the age, health and family environment of the defendant shall be considered, and the execution of the last sentence shall be suspended only once.