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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.
Reasons
Punishment of the crime
On October 2, 2007, the Defendant received a summary order of KRW 500,000 from the Gwangju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on June 15, 2012, the same court received a summary order of KRW 2 million as a fine for the same crime.
On November 22, 2019, at around 22:40, the Defendant driven an E 1 ton cargo vehicle while under the influence of alcohol content of about 0.198% at the 1k section from the roads near the Dong-gu Gwangju-gu B hotel to the front roads of D in Gwangju-gu, Gwangju-gu.
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: Criminal records, etc., an inquiry report, an investigation report (report attached to a summary order of the same kind of driving under the influence of a suspect), and application of two copies of the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures is as follows: (a) even though the Defendant was punished for driving under the influence of alcohol in 2007 and 2012, he/she again driven under the influence of alcohol; (b) blood alcohol concentration (0.198%) is very high; and (c) a person is selected to be sentenced to imprisonment on the grounds that there are no circumstances
However, the execution of the sentence prescribed in Article 51 of the Criminal Act, such as the fact that the defendant has no history of punishment exceeding the suspended execution, the recognition of the crime of this case, and other comprehensive consideration of the defendant's age, character and conduct, environment, and circumstances after the crime, shall be suspended and social service and compliance officer shall be ordered to attend the lecture.