except that 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] The defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Gwangju District Court's Maritime Branch on June 2, 2009.

【Criminal Facts】

On December 19, 2019, at around 14:25, the Defendant driven an E Spo-type car from about 10km to the front road of the D Elementary School located in Gwangju Mine-gu, Seo-gu, Seo-gu, about 0.081% alcohol concentration.

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. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant again committed the instant crime even though he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and even if he was punished once due to the previous drunk driving, the instant crime constitutes the revocation order, and the distance of the Defendant’s driving is not shorter. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, there are some extenuating circumstances for the Defendant to commit the instant crime, taking into account the circumstances that may be considered, such as the fact that the Defendant committed the instant crime, the period of punishment is set within the scope of the punishment, and the execution of the punishment is suspended, by deciding to determine the period of punishment within the scope of the punishment, and the execution of the punishment is to be suspended, based on the fact that there is a large interval between the previous criminal record of drinking driving and the date of the instant crime, the Defendant has no record of punishment heavier than imprisonment, the Defendant

The above sentencing factors are considered to take the compliance driving lecture.