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 January 22, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

At around 01:20 on August 4, 2020, the Defendant driven a F rocketing car from around 100 meters away from the front side of Gwangju Northern-gu, to the front road located in Gwangju Northern-gu D, while under the influence of alcohol of 0.160% 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. Notification of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the summary order of the same kind of power attached) and other 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, for the reason of sentencing under Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished for drunk driving, and the period between his/her previous record of drinking alcohol driving and the date of the instant crime does not have a significant interval. As such, the Defendant is sentenced to imprisonment with prison labor on the grounds that the instant drinking water is very high.

However, in light of the circumstances that may be considered in light of the fact that the defendant has no history of punishment heavier than imprisonment with prison labor for a crime related to traffic, and that the defendant repents his mistake, etc., the punishment shall be mitigated within the scope of the punishment, and the execution of the punishment shall be suspended within the scope of the punishment, but the punishment shall be imposed together with the participation in the compliance driving lecture, and such punishment shall be determined as per the order.