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

[M] On November 29, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a crime of violating the Road Traffic Act at the Gwangju District Court on November 29, 2012

【Criminal Facts】

On August 2, 2020, at around 02:38, the Defendant driven a car Frando from approximately 100 meters away from the roads near the CAdministrative Welfare Center located in Gwangju Mine-gu to the roads front of the EM located in the same Gu, while under the influence of alcohol by 0.194% 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. A traffic accident report;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. 112 reported case handling table;

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

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 Article 62-2 of the Criminal Act, committed the instant crime again even though he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and four times due to the previous drunk driving, and the instant crime was committed again. As such, the Defendant is also sentenced to imprisonment with prison labor for the Defendant.

However, the period of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the same shall be ordered together with the participation in the law-abiding driving lecture, by taking into account the circumstances that may be considered in light of the circumstances, such as the fact that there is time interval between the previous criminal record of drinking and the date of the instant crime, and that the criminal defendant repents his wrong facts.