A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[criminal power] On October 25, 2004, May 28, 2007, and October 9, 2009, the Defendant received a summary order of a fine of two million won, fine of one million won, and fine of two million won from the Gwangju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On November 22, 2018, at around 23:00, the Defendant driven a DNA cargo vehicle with approximately 500 meters alcohol concentration at approximately 0.210% while under the influence of alcohol, from the section of approximately 500 meters to the “C” in the same Gu’s “C” road in the same Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of each summary order statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 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 reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, despite the fact that the defendant had been subjected to three times or punishment due to a drunk driving, the defendant was engaged in a drunk driving, and the blood alcohol concentration at the time of the instant crime is also high, so it is inevitable to choose imprisonment with prison labor.

However, the execution of a sentence shall be suspended in favor of the defendant, taking into account the fact that the defendant has not been exposed to drinking for about nine years after he was punished three times due to drinking driving, and there are various circumstances such as the place and distance of drinking driving, the age, character and conduct, environment, family relationship, and circumstances after the crime.