A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On May 15, 2012, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Gwangju District Court on January 29, 2013, KRW 1.5 million for the same crime at the same court on January 29, 2013, and KRW 5 million for the same crime at the same court on November 25, 2014. On May 18, 2017, the Defendant was sentenced to the suspension of the execution of August 8, 201 for the same crime of violation of the Road Traffic Act.

On May 25, 2020, the Defendant, while under the influence of alcohol around 23:38, 0.04% of blood alcohol concentration, driven a Centtyp car at approximately 2 km section from the south-gu, Nam-gu, Gwangju to the front road of the Pungam Sports Park in Seo-gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds), once driving under the influence of alcohol even though he/she was punished four times, was driving under the influence of alcohol, and the amount of the pertinent drinking alcohol is high.

Moreover, on May 18, 2017, the Defendant was sentenced by the Gwangju District Court to refuse to take a drinking test and to two years of imprisonment for a non-licensed driving, etc., and again committed the instant crime only for about one year, for which the period of probation was limited.

The defendant shall be sentenced to imprisonment with prison labor according to the sentencing criteria for drinking driving.

When determining the term of punishment, consideration shall be given to extenuating circumstances, such as the fact that there is a time interval between the time when the defendant completed drinking and the beginning of driving, and that the defendant repents his mistake late.