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 29, 2013, the Defendant was sentenced to imprisonment for one year and two years of suspended execution at the Gwangju District Court for the crimes of violation of the Road Traffic Act.

On November 17, 2019, at around 20:45, the Defendant driven a Fpoter II Spoke at approximately 2 km section from the roads near the C cafeteria located in the State-si B to the E neighboring roads located in the same City-Si, while under the influence of alcohol by 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures, was punished by a fine in 2005, 2010, and 2013 for drunk driving, and was punished by a suspended sentence of imprisonment in 2013, and the instant drinking driving again was conducted, and the blood alcohol content (0.141%) was high, and the sentence of imprisonment is to be imposed on the grounds that there were no circumstances that may particularly be considered for the reasons of drinking driving.

However, the above punishment history and the time interval between drinking driving of this case reaches about six years, the recognition of the crime of this case, the disposal of the vehicle, etc., and other factors such as the defendant's age, character and conduct, environment, and circumstances after the crime, the execution of the sentence is suspended and the social service and the compliance officer's lecture is ordered.