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] The Defendant was issued a summary order of KRW 1 million at the Gwangju District Court on April 14, 2017 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 21, 2020, the Defendant driven a FM5 car from around 300 meters away from the front of the cafeteria, which was in the vicinity of the Jeonnam-gun B, to the front of the Ecular road D, while under the influence of alcohol of 0.107% of blood alcohol level around 21:45.

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 report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. Requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 violated Article 44(1) of the Road Traffic Act, and committed the instant crime again even if he was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and there is no time interval between the previous conviction of drunk driving and the date of the instant crime. The instant drinking practice constitutes the revocation of the driver’s license, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, after reducing the amount of punishment in consideration of extenuating circumstances, such as the fact that the defendant has no past record of punishment other than the above drunk driving record, and that the defendant repented his mistake, the term of punishment shall be set within the applicable range, and the execution of the punishment shall be suspended, but the order to take a part in the compliance driving lecture shall also be issued.