A defendant shall be punished by imprisonment for two years.

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 June 18, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court, and issued a summary order of KRW 3.5 million as a fine in the same court on May 21, 2012.

On November 3, 2019, the Defendant, while under the influence of alcohol 02:29, driven an Estststun car from approximately 3 km section from the residential road near the Cbank located in Gwangju Mine-gu to the front road of the same Gu, under the influence of alcohol 0.21%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as a statement of inquiry, such as criminal records, investigation report (Attachment of the same criminal records and summary order), a copy of summary order;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing under Article 62-2 of the Order to Provide community service and attend lectures was again punished by a fine for a drunk driving in 2010 and 2012, and the blood alcohol concentration (0.211%) was very high, and there were no circumstances to particularly consider the background of drunk driving. Thus, the defendant selected a sentence of imprisonment inasmuch as he did not have any record of being subject to criminal punishment exceeding a suspended sentence, the execution of the sentence in this case is suspended by comprehensively considering the Defendant’s age, character and behavior, environment, and circumstances after the crime, etc., as well as the Defendant’s age, character and behavior, and the order to attend a community service and compliance driving lecture.