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 5, 2017, the Defendant was issued a summary order of KRW 5 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On August 26, 2020, at around 00:35, the Defendant driven a Grand City in approximately 4 km section from 0.232% of alcohol level to the 0.232% of alcohol level in the middle-gu apartment site located in the Nam-gu Seoul metropolitan area to the neighboring street in the construction site of the apartment located in the Nam-gu Seoul metropolitan area.

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. Control note;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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, was punished for a drunk driving, again committed the instant crime, and there is no time interval between the previous criminal record of drunk driving and the date of the instant crime. As such, the Defendant is sentenced to imprisonment with prison labor on the grounds that the instant penal record and the instant penal record are very high.

However, considering extenuating circumstances such as the fact that the defendant has no history of punishment heavier than imprisonment with prison labor and the defendant's mistake is pening, 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 social service corresponding to the nature of the crime and the participation in the compliance driving lecture shall be ordered together, and the punishment shall be determined as the same as the order.