A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On June 26, 2006, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), etc. at the Gwangju District Court on June 27, 2008, two years of suspended execution for four months of imprisonment for the same crime in the same court on June 27, 2008, and five million won of fine in the same court on June 25, 2014, respectively.

[2] On September 22, 2018, the Defendant driven a B 1t truck with alcohol level of about 0.197% under the influence of alcohol level of the blood alcohol level of around 122-197% from the 127-7 neighboring roads of Gwangju Mine-gu, Gwangju, to the roads 122-14, as the former Standing Act, as from September 22, 2018, the Defendant was under the influence of alcohol level of around 122-14.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (applicable to a situation under which a drinking driver is driving);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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

1. The Defendant, including the record of the crime in the judgment of the reasons for sentencing under Article 62-2 of the Criminal Act with regard to the provision of community service order and the order to attend a lecture, has been punished four times in total or more by drinking, etc., and one of them was punished by imprisonment with prison labor in consideration of unfavorable circumstances, such as the fact that the Defendant was subject to the prior sentence of the suspension of execution, and that the blood alcohol level was not lower, and the Defendant was sentenced to a suspended sentence once again taking into account the favorable circumstances, such as the fact that about ten years have passed since the sentence of the suspension of execution was sentenced,

In addition, in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age of the accused, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined.