A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

[criminal power] On May 28, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court. On March 26, 2010, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Gwangju District Court, and on January 7, 2011, at the Gwangju District Court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On May 17, 2016, the Defendant issued a summary order of KRW 6 million as a fine at the Gwangju District Court.

【Criminal Facts】

On October 15, 2020, at around 04:05, the Defendant driven a Flandn Project under the influence of alcohol content 0.124% from the front road of the C Hospital funeral hall located in Gwangju-gu, Nam-gu to the front road located in the same Gu E-mail.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, when the defendant was punished four times for drinking driving in 2007, 2010, 2011, and 2016, again committed the instant crime, and the drinking water level of this case is high. However, the defendant is divided by mistake, and the defendant does not have any criminal record other than the above drinking driving, and there are no criminal records exceeding the fine, and other circumstances revealed in the trial process of this case, such as the defendant’s age, character and behavior, environment, circumstances, and circumstances after the crime.