Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On December 12, 2007, the Defendant issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court, and on September 16, 2008, the same court issued a summary order of KRW 1.5 million as the same crime, and on June 1, 201, issued a summary order of KRW 4 million as the same crime at the same court.

【Criminal Facts】

On December 18, 2019, at around 22:05, the Defendant driven a FM5 car while under the influence of alcohol leveling 0.153% of alcohol level, from the road front of the C Pungdong point in Seo-gu, Seo-gu, Gwangju to the E II parking lot in D.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal records, investigation reports, and statutes;

1. Relevant 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course of imprisonment with prison labor shall be selected and punished at the same time taking into account the following: (a) the person has already been punished three times prior to the instant crime, such as the record of the criminal records on the grounds of sentencing under Article 62-2 of the Criminal Act; and (b) a traffic accident that causes the charged vehicle to shock and regulate the Defendant’s drinking driving;

In addition, the punishment as ordered shall be determined in consideration of the blood alcohol concentration, the circumstances leading to the drunk driving, the distance and place leading to the drunk driving, the distance between the last record of the drunk driving and the distance between the crime in this case, the defendant's age, character and conduct, environment, circumstances after the crime, etc.