A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of violation of Article 44 (1) of the Road Traffic Act] The defendant was issued a summary order of KRW 2 million at the Gwangju District Court on December 12, 2007 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:55 on June 12, 2020, the Defendant driven a B Ecub car from approximately 4 km to the roads near the Seo-gu Standing District, Seo-gu, Gwangju to U.S. U.S. road located in U.S. in U.S. of Gwangju Mine-gu.

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the Defendant again committed the instant crime even though he/she was punished once due to drunk driving in violation of Article 44(1) of the Road Traffic Act, and four times due to his/her previous drunk driving or refusal to measure drinking, and the Defendant has a weak intent to observe the law, such as punishment for other traffic-related crimes, and thus, the Defendant is sentenced to imprisonment.

However, in light of the circumstances that may be considered in light of the fact that drinking water in the instant case is not high compared to other cases, the interval between the previous record of drunk driving and the date of the instant crime is high, and the Defendant repented his mistake, etc., the sentence shall be set within the scope of the applicable sentence, and the execution of the sentence shall be suspended, but probation and the compliance driving lecture shall be taken so that the Defendant may be repeated as sound members of society.