A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of violation of Article 44(1) of the Road Traffic Act] On July 14, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and on November 29, 2013, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act (drinking). On August 22, 2018, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

[Criminal facts] On December 4, 2020, the Defendant driven D Span-type car at approximately 5km from the front side of the Cju store located in Gwangju North-gu, to the front side of the Yju-dong located in the same city-gu, Nam-gu, Nam-gu, Seoul, while under the influence of alcohol level of 0.053% during blood transfusion around 20:10.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of driving force under drinking);

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

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances, etc. described in the following grounds for sentencing) of the mitigated amount;

1. Article 62 (1) of the Criminal Act (including the above circumstances, etc.);

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and undergo education, was punished by imprisonment with prison labor and a fine on three occasions due to a drinking driver who violated Article 44(1) of the Road Traffic Act, and was punished by a fine on one occasion due to the previous drinking driving, again committing the instant crime even though he was punished once due to the previous drinking driving, and the recent conviction of drinking driving and the date of the instant crime does not have much interval between time and time. Thus, the Defendant is sentenced to imprisonment

except that this shall not apply.