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

On November 27, 2006, the defendant was sentenced to a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) and KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on November 5, 2007. On September 4, 2008, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving). On April 30, 2015, the same court was issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (driving).

Around 03:20 on September 21, 2020, the Defendant driven an E-mail vehicle from approximately 1km to D in front of the Gwangju Mine-gu B apartment road to the front road located in the same Gu C, while under the influence of alcohol of 0.118% of blood alcohol level.

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. Notification to a department related to reporting 112 cases;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime even if he/she was punished four times due to drunk driving, and there is no time interval between his/her previous record of drinking alcohol driving and the date of the instant crime, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, there is a somewhat time gap between the previous record of drinking alcohol driving and the date of the instant crime, and the defendant is not punished more than imprisonment with prison labor in the past, and the defendant's mistake is divided.