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

[Criminal Power] On May 15, 2013, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Gwangju District Court.

【Criminal Facts】

On September 2, 2019, the Defendant was under the influence of alcohol of 0.185% of blood alcohol concentration on September 2, 2019, and driving approximately KRW 500 meters from the front of the “C cafeteria” road in the Naju City, to the front of the E Park in the Naju City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records: Inquiries and inquiries, and application of court rulings and statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. include the blood alcohol concentration at the time of the crime committed by a person causing a traffic accident while driving under the influence of alcohol as stated in the judgment of the court below: 0.137% of imprisonment with labor;

Nevertheless, the defendant is selected to be sentenced to imprisonment in that not only the defendant has engaged in a diversous driving but also the blood alcohol concentration (0.185%) is high.

However, if the defendant's previous convictions and previous convictions are excluded from the previous convictions, there is no particular criminal record, after 2013, the defendant has no record of punishment due to drinking driving, and the defendant is seriously against the defendant.

In addition, the drinking driving shall be allowed.