A defendant shall be punished by imprisonment for one year.

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

[Power of violation of Article 44(1) of the Road Traffic Act] On August 22, 2008, the Defendant issued a summary order of KRW 3 million at the Gwangju District Court as a crime of violation of the Road Traffic Act (driving) and KRW 3 million by the same court on December 26, 2017.

【Criminal Facts】

At around 21:00 on May 12, 2020, the Defendant driven a Crost vehicle at approximately 200 meters away from the front of a cafeteria in the south-gu Nam-gu Seoul Metropolitan City to the front road of the same Gu, while under the influence of alcohol at 0.197% 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. Making a report on the control of drinking driving;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order 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. 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. Article 62 (1) of the Criminal Act on probation;

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and once due to a previous drunk driving. The recent criminal record of a drunk driving and the date of the instant crime are not much distance between the previous criminal record of a drunk driving and the date of the instant crime. The instant penal record is very high, and thus, the Defendant is sentenced to imprisonment.

However, considering the circumstances that may be considered in light of the circumstances, such as the fact that the defendant was not driving under the influence of alcohol and the fact that the defendant is pening his mistake, the period of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but probation and compliance driving lectures shall also be taken so that the defendant can be renewed as a sound member of society.