A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[Power of Violation of Article 44(1) of the Road Traffic Act] On September 15, 2006, the Defendant was sentenced to four months of imprisonment by the Gwangju District Court for a violation of the Road Traffic Act, etc. On December 10, 2012, the same court issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act. On March 24, 2016, the same court was sentenced to two years of suspended sentence of imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On April 3, 2020, the Defendant driven a D class III truck from the front side of the “C” road located in Seo-gu Gwangju, Seo-gu, Gwangju, to the front side of the airport station located in 416-99, as the regular manager of the Gwangju Mine-gu, at approximately 2km away from the 1km section of the airport station located in 416-99.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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

1. Previous records: Application of criminal records, inquiry reports, investigation reports (including the previous records, confirmation, and attached judgments and summary orders);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished three times due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and four times due to the previous drunk driving in violation of Article 44(1) of the Road Traffic Act, and has already been punished due to a suspended sentence and a suspended sentence, and the recent previous criminal conviction is the previous criminal conviction for a suspended sentence in 2016.

Nevertheless, as the Defendant had been driving without being aware of, and driving again, the Defendant is sentenced to imprisonment with prison labor.

However, in determining the term of punishment, the punishment shall be mitigated in consideration of the fact that the defendant commits a mistake and the circumstances that may be considered in the circumstances such as the family relationship of the defendant, and it shall be within the scope of the punishment.