A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On September 25, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 5 million by the same court as the same crime on April 1, 2016. On June 19, 2018, the Defendant was sentenced to a suspended sentence of imprisonment for seven months by the same court for the same crime, etc., and the judgment became final and conclusive on the 27th of the same month.

On April 12, 2020, the Defendant, while under the influence of alcohol at around 0.185% of blood alcohol concentration, driven DM3 automobiles at a approximately 7km section from the front of the "C" dong-dong in Gwangju Mine-gu, Gwangju, to the lower end of the roads at the same time from the front of the "C" dong-dong, Chungcheongnam-dong.

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. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. An inquiry report on criminal records, etc. before the judgment, application of the Act on Criminal Records, etc., Gwangju District Court Decisions 2012 High Court Decision 2012 High Court Decision 1670, Gwangju District Court Order 2016 High Court Decision 2016 High Court Decision 2018 High Court Decision 2018 High Court Decision 2015

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the Defendant’s records of the same crime, blood alcohol concentration at the time of the instant crime, the circumstances leading to the drunk driving, the distance and place of a drunk driving, and the Defendant’s misunderstanding, taking into account the Defendant’s age, character and conduct, and circumstances before and after the instant crime, and all of the sentencing conditions specified in the records and arguments, such as the record and arguments of the instant case, shall be determined as ordered.