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 December 15, 2011, the Defendant issued a summary order of KRW 3 million at the Gwangju District Court as a fine for a violation of the Road Traffic Act (driving) and KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Cheongju District Court on July 22, 2016.

On September 18, 2020, the Defendant driven a FMW car from approximately 1 km to the roads front of the “C” week located in the North-gu Seoul metropolitan area 0.085% of alcohol level around 0.085% of blood alcohol level on September 23:11, 2020 to the roads in the same Gu.

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 for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power) and 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 of the reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime again even though he was punished twice due to drunk driving, and there is no time interval between the recent criminal record of drunk driving and the date of the instant crime, and it constitutes the revocation of the driver’s license, and thus, the defendant is sentenced to imprisonment with prison labor.

However, considering the circumstances that can be considered in light of the circumstances such as the fact that the defendant's drunk driving alone has no history of punishment heavier than imprisonment with prison labor, and that the defendant repents his mistake, the punishment shall be mitigated within the applicable sentencing range, and the execution of the punishment shall be suspended; however, the defendant shall be ordered to order the attending the compliance driving lecture together, and the punishment shall be determined as the same as the order.