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 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] On March 26, 2010, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court on March 26, 2010, and a fine of KRW 2 million by the same court on March 24, 2015.

【Criminal Facts】

On May 04, 2020, the Defendant driven a F-string vehicle at approximately 300 meters section from the front of the C Hospital in Gwangju Mine to the front of the E store in the same Gu, while under the influence of alcohol of 0.242% of blood alcohol level on May 21, 2020.

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 results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order 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, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished once due to the previous drunk driving in violation of Article 44(1) of the Road Traffic Act (In addition, even though the Defendant was punished due to the crime such as drunk driving in 2006, he/she was subject to suspended sentence due to the crime such as drinking driving in 2

However, in light of the circumstances that may be considered in light of the circumstances, such as the fact that the previous criminal record for drinking alcohol driving and the date of the instant crime, and that the Defendant repented his mistake, the sentence shall be mitigated within the scope of the applicable sentences, and the execution of the sentence shall be suspended, but the order shall be issued along with the participation in the compliance driving lecture. The sentence shall be determined as per the order.