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 November 7, 2013, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

On March 27, 2020, at around 01:55, the Defendant driven a DNA car from the parking lot in Seo-gu, Seo-gu, Gwangju to the front road of the Pungam reservoir located in the same Gu, while under the influence of alcohol of 0.059% of 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. Previous records of judgment: Application of criminal records, inquiry reports and criminal investigation reports (including attachment of the same criminal records and the summary orders attached thereto);

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, and there was a record of committing other traffic-related crimes. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, in light of the circumstances, such as the fact that the drinking water of this case was not higher than other cases, there is time interval between the previous record of drinking and the date of the crime of this case, the defendant has no record of punishment heavier than imprisonment with prison labor, and the defendant's mistake is divided, the punishment is to be mitigated within the scope of the punishment, and the execution of the punishment is to be suspended, and the punishment is to be determined as per the disposition.

(Non-compliance Officer does not order the defendant to attend the law-abiding lecture together in consideration of his previous record).