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 August 23, 2013, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

피고인은 2020. 6. 24. 22:43경 혈중알코올농도 0.058%의 술에 취한 상태로 광주 광산구 B 인근 C 주유소 앞 도로에서부터 같은 구 D 입구 앞 도로에 이르기까지 약 1km 구간에서 E 팰리세이드 승용차를 운전하였다.

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. Report on the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. According to Article 62(1) of the Criminal Act, the Defendant, on the grounds of suspended sentence, has committed the instant crime again even though he/she was punished as a drunk driving, and on the other hand, has the record of having been punished as aless driverless driving, and thus, has weak criminal intent to observe the law, and thus, the Defendant is sentenced to imprisonment.

However, in light of extenuating circumstances, such as the fact that the drinking water in this case was not higher than other cases, there was a somewhat time interval between the Defendant’s previous conviction and the date of the crime in this case, the Defendant had 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 applicable sentencing range, and the execution of the punishment is to be suspended, and the sentence is to be determined as per Disposition.

(Non-compliance Officer does not order the defendant to attend the law-abiding lecture together in consideration of his previous record).