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

Punishment of the crime

[Attachment of Article 44(1) of the Road Traffic Act] On July 8, 2013, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a violation of the Road Traffic Act, and on October 2, 2014, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act.

[2] On August 12, 2020, the Defendant, while under the influence of alcohol level of 0.146% during blood transfusion around 22:15, driven a DNA car from the 1km section to the roads front of the gas station located in the same Gu, from around restaurants who are not aware of the trade name in the Seo-gu Pungamamb in Gwangju-gu, Gwangju to the roads of the gas station in the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a written inquiry, text of judgment, and summary order, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances, etc. described in the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (including the above circumstances, etc.);

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to drinking, which violated Article 44(1) of the Road Traffic Act, and six times due to previous drinking, on the ground that the Defendant committed the instant crime, and the instant drinking level is extremely high. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, there is a little interval between recent years of drinking driving and the day of the instant crime, and the Defendant did not drive drinking after 2014, and the Defendant sold the instant vehicle with his mistake, taking into account the circumstances that may be considered in light of the circumstances, such as the fact that the Defendant did not drive drinking after 2014 and the Defendant sold the instant vehicle.