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 April 16, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the wooden branch of the Gwangju District Court.

On November 15, 2019, at around 02:57, the Defendant driven a Dsker’s car from the front side of the “C” in Gwangju Northern-gu B to the end of approximately 8.6 km away from the front side of the “C” to the end of the Dobong-gu Yansan-gun, Namyang-gun, Namyang-gu Highway 34-3.6 km away from the 15km section.

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. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking power);

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. Even though the defendant was punished for driving under drinking alcohol, the crime of this case was committed again, the drinking alcohol level of this case also constitutes the revocation of the license, and the defendant was punished as a fine for several crimes and suspended execution, and thus, the defendant seems to have weak compliance consciousness, such as punishment for several crimes, is sentenced to imprisonment.

However, after reducing the amount of punishment in consideration of extenuating circumstances such as the Defendant’s previous record of drinking alcohol and the date of the instant crime, the Defendant sold the instant vehicle owned by the Defendant with his mistake divided and sold the instant vehicle, and the Defendant’s failure to pay attention, etc., the period of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended within the scope of the punishment, but the order shall be issued along with the participation in the compliance driving instruction.