A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 27, 2017, the Defendant was sentenced to imprisonment with prison labor for 2 years at the Gwangju District Court for a violation of the Road Traffic Act.

At around 04:20 on March 26, 2020, the Defendant driven a D low-speed car from the front line of Gwangju Mine-gu B and C's main point of “C” to the lower end of the 2.5km, while under the influence of alcohol by 0.151% of blood 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. A traffic accident report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (verification of criminal records and investigation reports on a suspect's drinking time);

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 for the reason of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, was punished for a drunk driving, and the period of probation has passed, and thus, again committed the instant crime, the Defendant committed the instant crime, such as drinking water and high level of drinking water at the time of committing the instant crime. As such, the Defendant was sentenced to imprisonment with prison labor.

However, in light of the circumstances that may be taken into account such as the fact that the defendant has no past record of punishment otherwise than the above previous conviction, the defendant has committed a discretionary mitigation, taking into account his mistake, and the fact that the defendant has repented his fault, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but probation and compliance driving lectures shall be ordered together so that the defendant may repeated himself as a sound member of society, and the punishment shall be set as the order.