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

[Attachment of Article 44(1) of the Road Traffic Act] The Defendant was issued a summary order of KRW 3.5 million at the Gwangju District Court on April 9, 2012 due to the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 23:30 on October 9, 2020, the Defendant driven D K3 cars from the front side of the “C” way in Gwangju Mine-gu, Gwangju, to approximately 4km from the front side of the 0.143% alcohol concentration, to the main road of the Seoul Mine-dong 615-14.

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. Investigation report (application of the Tramark Official Form);

1. A traffic accident report;

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

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

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

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 is that the defendant again committed the crime of this case even though he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving, and since the level of drinking water of this case is high, and the danger is realized due to the occurrence of the accident at the time of driving of this case, the defendant shall be sentenced to imprisonment with prison labor.

However, in consideration of the circumstances that may be considered in the circumstances, such as the fact that there is a big interval between the previous criminal record of drinking and the date of the instant crime, the criminal defendant has no record of punishment other than the previous criminal record of driving under the influence of alcohol, and the criminal defendant has divided his/her wrong facts, the scope of the punishment to be sentenced.