A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of 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 19, 2014, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

[2] On December 2, 2020, the Defendant driven a G K5 vehicle from the front side of the C film Center located in Gwangju Mine-gu, to the front road located in Gwangju Mine-gu, while under the influence of alcohol by 0.110% among blood transfusion around 23:20, the Defendant driven a G K5 vehicle from around 100 meters to the front road located in Gwangju Mine-gu, Gwangju Mine-gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances, etc. described in the following grounds for sentencing) of the mitigated amount;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, has 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 was punished once due to the previous drunk driving, and the instant crime was committed again, and the instant drinking volume is high. Thus, the Defendant is sentenced to imprisonment with prison labor.

However, after reducing the amount of punishment in consideration of the circumstances such as the Defendant’s previous record of drinking alcohol and the day of the instant crime, there is a little interval of time between the Defendant’s previous record of drinking alcohol and the day of the instant crime, the Defendant did not have any history of punishment heavier than imprisonment, and the Defendant’s mistake is divided, the Defendant’s order to set the term within the applicable sentencing range and suspend the execution of the sentence, and determine the punishment as stated in the disposition (the Defendant’s participation in the compliance instruction taking into account the previous record of violation of Article 44(1) of the Road Traffic Act).