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 March 3, 2008, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court on July 14, 2008 with a fine of KRW 2.5 million due to the same crime in the same court on July 14, 2008, and a fine of KRW 4 million as the same crime in the same court on January 30, 2013.

【Criminal Facts】

On September 1, 2020, the Defendant driven an E rocketing taxi at approximately 800 meters away from the roads adjacent to the Kwab Holdings, Seo-gu, Gwangju, to the roads adjacent to the same Gu, while under the influence of alcohol of 0.093% of blood alcohol level around 21:15.

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 statement prepared by the F;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to summary orders of past records of driving sound);

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 was punished three times due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and even if he was punished once due to the previous drunk driving, and the instant drinking water constitutes the revocation of the driver’s license, and thus, the Defendant is sentenced to imprisonment.

However, in consideration of the circumstances that may be considered in light of the fact that there is time interval between the Defendant’s drinking termination time and the start time of driving, the recent years of drinking driving and the day of the instant crime, and the Defendant’s mistake, etc., the period of punishment shall be set within the applicable sentencing range and the sentence shall be determined.