A defendant shall be punished by imprisonment for a term of one year and two months.

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 April 26, 2019, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court on April 26, 2019, and KRW 1.5 million for the same crime at the Gwangju District Court on May 16, 2018.

On October 13, 2020, around 23:15, the Defendant driven a F K7 car in the state of alcohol alcohol concentration of about 500 meters from the front road in Gwangju Northern-gu to the front road in D, while under the influence of alcohol concentration of about 0.166%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A written appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the Seogsan Branch of the Daejeon District Court, approximately KRW 1088, the Seogju District Court 2018, and the Acts and subordinate statutes 794, supra;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant with the reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture once again drives under the influence of alcohol despite the fact that the records of the same crime due to driving under the influence of alcohol are twice again, and that the blood alcohol concentration level at the time of driving of the instant drinking exceeds 0.16%, choice of imprisonment is inevitable.

However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment, and that the defendant recognizes his mistake.

Accordingly, in full view of the circumstances surrounding drinking driving, the distance and place of drinking driving, and all the sentencing conditions in the records and arguments of the instant case, including the Defendant’s age, sexual conduct, and circumstances before and after the commission of the crime, a suspended sentence of imprisonment shall be imposed, but community service and order to attend lectures shall be added.