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 October 1, 2014, the Defendant was sentenced to a suspended sentence of ten months by imprisonment for a crime of violation of the Road Traffic Act, etc. at the Gwangju District Court, and on September 3, 2018, the Defendant was issued a summary order of four million won by the same court as the crime of violation of the Road Traffic Act.

On July 3, 2020, at around 22:59, the Defendant driven a DNA car at a two-meter section on the front road located in Gwangjubuk-gu, Gwangju, while under the influence of alcohol 0.12% 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 control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, application of summary order-related 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. 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 by a fine and a suspended sentence on two occasions due to drinking driving, and there are many other criminal records. In addition, the recent criminal records of drinking driving and the date of the instant crime are not much distance between the previous criminal records of drinking driving and the date of the instant crime, and so, the Defendant is sentenced to imprisonment with prison labor.

However, in light of the circumstances that may be taken into account in the course of drinking driving, and the fact that the defendant repents his mistake, etc., the punishment shall be mitigated within the scope of the punishment, and the execution of the punishment shall be suspended within the scope of the punishment, but probation and compliance driving shall be ordered together so that the defendant can be renewed as a sound member of the society, and the punishment shall be determined like the order.