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 January 16, 2009, the Defendant was issued a summary order of KRW 500,00 by the Gwangju District Court as a crime of violation of the Road Traffic Act.

At around 22:20 on September 3, 2020, the Defendant driven a Dbenz car from around 2 km to the front road of the Macheon Police Station located in 118, as Seo-gu, Gwangju, in the state of alcohol of 0.114% 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. Inquiry 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 even though he/she was punished as a drunk driving, again committed the instant crime, was under the influence of drinking alcohol, high level of drinking alcohol, and the Defendant was punished for a crime committed by committing the crime, and thus, is sentenced to imprisonment with prison labor.

However, considering the circumstances that may be considered in light of the circumstances such as the Defendant’s previous conviction and the date of the instant crime, there is a big interval of time between the Defendant’s previous conviction and the date of the instant crime, the Defendant has no record of punishment other than the above previous conviction, and the Defendant’s mistake is divided, the sentence shall be determined within the applicable sentencing range, and the period of punishment shall be suspended, and the execution of the sentence shall be determined as per Disposition.

(The defendant does not order to attend a compliance driving lecture at the same time in consideration of the same criminal records of the defendant).