A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 20, 2007, the Defendant was sentenced to imprisonment with prison labor for 4 months and suspended execution for a violation of the Road Traffic Act at the Gwangju District Court.

On October 14, 2020, the Defendant driven D-to-pur vehicle within a 1 kilometer section from Jeonyang-gun to the front end of the apartment house, while under the influence of alcohol of 0.132% of blood alcohol level on October 14, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the occurrence of a traffic accident and the results of the drinking driving control;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the Defendant again committed the crime of this case even though he was punished for drinking alcohol measurement in 2004, 2004 and 2006, and the drinking water level of this case was high. However, the circumstances may be considered such as the Defendant’s misunderstanding, the fact that the Defendant’s last record of drinking driving and the date of the crime of this case has a big interval between time and time, and other factors such as the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and all the sentencing factors revealed during the trial of this case, including the Defendant’s age, character and behavior, crime