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

[Power of violation of Article 44(1) of the Road Traffic Act] On February 25, 2008, the Defendant issued a summary order of KRW 2 million at the Gwangju District Court on September 30, 2013 by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). < Amended by Act No. 11690, Sep. 30, 2013>

【Criminal Facts】

On July 9, 2020, at around 00, the Defendant driven a F Ⅲ truck from around 1 km section to the Ethyal road located in Da in Naju City, from the front of C in the state of alcohol 0.161% of alcohol level, while under the influence of alcohol level 0.161%.

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 results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and twice due to the previous drunk driving, and the instant crime was committed again. As such, the Defendant is sentenced to imprisonment with prison labor for the Defendant.

However, taking into account the circumstances that may be considered such as the fact that there is time interval between the previous criminal records of drinking alcohol driving and the date of the instant crime, the criminal defendant has no history of punishment heavier than imprisonment with prison labor for the same kind of crime, and the criminal defendant has divided his/her wrongness, the sentence shall be set within the scope of the applicable sentence and the execution of the sentence shall be suspended within the scope of the applicable sentence, but the order shall be issued along with the participation in the compliance driving lecture, and the sentence shall be determined as per the order.