A defendant shall be punished by imprisonment for one year.

except that 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

On November 15, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Seo-gu District Court’s Seo-Support on November 15, 2007. On November 10, 201, the Defendant was sentenced to a fine of KRW 1.5 million for the same crime at the Gwangju District Court.

On June 6, 2020: around 0.059, under the influence of alcohol with blood alcohol concentration of 0.059%, the Defendant driven Cworkstren car at approximately 3 km from the front of the French-dong cafeteria to the front of the same Gu apartment.

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 control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, application of 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. 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 provides that the Defendant, on the grounds of suspended sentence, has committed the instant crime even if he/she was punished twice due to drunk driving. Thus, the Defendant is sentenced to imprisonment with prison labor in accordance with the sentencing guidelines.

However, taking into account the circumstances, such as the fact that the drinking water of this case is lower than other cases, there is time interval between the Defendant’s previous conviction and the criminal day of this case, the Defendant has no record of punishment heavier than imprisonment with prison labor, and the Defendant’s mistake is divided, the amount of punishment to be mitigated within the scope of the punishment, and the execution of the punishment is to be suspended, and the sentence is to be determined as per Disposition.

(A) In light of the criminal record of the Defendant and the drinking level of the instant case, the Defendant does not simultaneously order the attending of the law-abiding driving lecture.