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 December 12, 2007, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court for a crime of violation of the Road Traffic Act, and KRW 1 million at the same court on April 30, 2014 for the same crime.

【Criminal Facts】

At around 21:40 on September 24, 2020, the Defendant driven a Dsch-ton car from about 1 km section from the front side of Gwangju Mine to the front side of Gwangju Mine-gu, Gwangju Mine-gu, while under the influence of alcohol by 0.17% of alcohol concentration.

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: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the case of the same kind of drinking driving);

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

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 twice due to the previous drunk driving, and there is no time interval between the previous drunk driving and the date of the instant crime. Since the instant crime is highly high, the Defendant is sentenced to imprisonment with prison labor.

However, there are some extenuating circumstances for the defendant to take into account the background of the drinking driving, the defendant has no power to be punished by imprisonment with prison labor or more for the drinking driving, and the defendant divided his mistake and sold the instant vehicle, taking into account the manufacturing year and odometer of the instant vehicle.