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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 November 30, 2012, the Defendant received, respectively, a summary order of KRW 1 million from the Gwangju District Court as a crime of violation of the Road Traffic Act, and KRW 4 million from the Gwangju District Court as a crime of violation of the Road Traffic Act.
On October 27, 2019, at around 04:04, the Defendant driven an E Spo-type vehicle under the influence of alcohol concentration of about 0.124% from the 1km section from the Seo-gu, Seo-gu, Gwangju to the roads in front of the Seo-gu, Gwangju.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the control of drinking driving;
1. A previous conviction in judgment: An inquiry letter, an investigation report (a copy of a summary order of the same kind of power attached), a copy of the summary order, and the application of statutes;
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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished by a fine for drunk driving in 2012 and 2015; (b) again committed the instant crime within a relatively short period; (c) blood alcohol concentration (0.124%) is high; and (d) there are no circumstances to particularly take into account the circumstances of drinking driving; (b) the Defendant is selected to be sentenced to imprisonment; (c) the execution of the instant crime is postponed by comprehensively taking into account the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, including the fact that the Defendant has no record of punishment except the above punishment; and (d) the Defendant’s age, character and conduct, and circumstances after the crime,