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

On November 13, 2006, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and KRW 3 million for the same crime at the same court on October 13, 2014.

Around September 21, 2020, the Defendant driven a F Bodyman’s car at a section of about 200 meters from the front day of Gwangju Mine to E in the same Gu, while under the influence of alcohol of 0.235% of blood alcohol level, the Defendant driven the F Bodyman’s car from the front day of Gwangju Mine to E in the same Gu.

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

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving, and there is no time interval between the previous drunk driving and the date of the instant crime, and the instant drinking alcohol level is very high. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, considering extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment with prison labor and the defendant has divided his/her wrong facts, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the order shall be issued together with the participation in the compliance driving lecture, and the punishment shall be determined as the same as the order.