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 August 6, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and KRW 2.5 million as a fine in the same court on September 9, 201.

On June 16, 2020, the Defendant driven a FranxG car from approximately 200 meters away from the road near the Seo-gu, Seo-gu, Gwangju to E in the same Gu, while under the influence of alcohol of 0.046% of blood alcohol level around 22:05.

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 for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of 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. The defendant's reason for sentencing under Article 62-2 of the Criminal Act is that the defendant's intent to observe the law is weak, since he/she again commits the crime of this case 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. Thus, the defendant is sentenced to imprisonment.

However, in light of the circumstances such as the fact that the drinking alcohol level in the instant case was not high, the interval between the previous record of drinking alcohol driving and the date of the instant crime is high, the Defendant has no record of punishment other than the previous record of drinking alcohol driving, and the Defendant has divided his/her mistake, etc., the sentence shall be determined, and the execution of the sentence shall be suspended within the scope of the punishment, and the execution of the sentence shall be ordered together to order the attending the compliance driving course.