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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On April 3, 2012, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s branch court’s support on April 3, 2012. On January 23, 2018, the Defendant received a summary order of 2 million won for the same crime from the Gwangju District Court.

【Criminal Facts】

On December 25, 2019, the Defendant, while under the influence of alcohol of 0.098% of blood alcohol content, driven a fystren car from approximately 100 meters away from the road front of the “Ccafeteria” in Gwangju Mine-gu, to the front of the “E” restaurant located in the same Gu D.

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. A report on the actual state of the driver;

1. Previous convictions: Application of Acts and subordinate statutes, such as a copy of judgment;

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.