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 October 18, 2011, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 1 million as a fine in the same court on September 7, 2017.

On December 3, 2019, at around 00:55, the Defendant driven D SM5 car at approximately 10km from the street in front of the Hannam-dong in Gwangju Mine-gu to the front street in Gwangju Seo-gu, with a level of about 0.109% 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. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime once again even though he was punished twice due to drunk driving, and there is no time interval between the previous record of drunk driving and the date of the instant crime. The Defendant is sentenced to imprisonment with prison labor for the Defendant on the grounds that the instant crime was committed.

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.