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 January 9, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Gwangju District Court.

At around 19:10 on March 21, 2020, the Defendant driven a Fpoter truck from around 400 meters away from the front side of Gwangjubuk-gu, to the front road located in the same Gu E in the same Gu, while under the influence of alcohol of 0.135%.

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. Notification of the control of drinking driving;

1. 112. List of reported cases;

1. A CCTV image closures;

1. Previous convictions indicated in its ruling: Criminal history records, the summary order on the previous convictions for drunk driving is not submitted as evidence, but it is obvious that they violate Article 44 (1) of the Road Traffic Act;

Application of 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, was punished for drunk driving, again committed the instant crime; the instant crime was committed; the Defendant was also under the influence of drinking alcohol; and the Defendant’s refusal of drinking driving at the initial stage of the investigation is not good; thus, the Defendant is sentenced to imprisonment with prison labor.

However, considering extenuating circumstances such as the fact that the criminal record of drunk driving and the date of the instant crime have a large interval of time between the criminal record and the date of the instant crime, the criminal defendant has no record of punishment other than the criminal record of the above drunk driving, and the criminal defendant's act of pening his fault late and late, the sentence shall be set within the scope of the applicable sentence, and the execution of the sentence shall be suspended, and the social service corresponding to the nature of the criminal defendant and the lecture of compliance driving shall also be ordered.