A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months by imprisonment with prison labor for a violation of the Road Traffic Act, etc., in the pure support of the Gwangju District Court.

On October 21, 2019, around 00:30 on May 21, 2019, the Defendant driven a car under the influence of alcohol level 0.289% while under the influence of alcohol level 0.289% without a vehicle driver’s license in the ten-meter section of the road near the B apartment Cdong in the summer-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the situation of operation without a license;

1. Each report on internal investigation:

1. Making a report on the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report accompanied by a copy of the same type of force), application of statutes of judgment;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act and the social risk of drunk driving and the purport of the amendment of the Road Traffic Act where the statutory penalty is increased, there is a need for strict punishment for the act of drunk driving in the light of the reason for sentencing.

Although the defendant had been sentenced to two years of the suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the violation of the Road Traffic Act, he had been sentenced to two years of the suspended sentence for about four months after the expiration of the suspended sentence, and he was engaged in a driving under the influence of drinking only to the extent that he is unable to memory the fact that he had been driving under the influence of drinking.

Considering the circumstances favorable to the defendant, such as the fact that the defendant commits a mistake and the drinking distance is shorter than 10 meters, the age, character and behavior, environment, family relationship, and crime of the defendant.