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

[Power of violation of Article 44 (1) or (2) of the Road Traffic Act] On October 30, 2006, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court for the crime of violation of the Road Traffic Act. On December 28, 2007, the same court was sentenced to a suspended sentence of six months for the crime of violation of the Road Traffic Act. On August 31, 2017, the same court was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 19, 2020, the Defendant driven a motor vehicle for E Spo-type from the front side of the C Bank located in Seo-gu, Seo-gu to the front side of the Seo-gu, Gwangju to approximately 2km, while under the influence of alcohol of 0.075% of blood alcohol level around 22:45.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previouss before and after judgments: Criminal records, inquiry reports, court rulings, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that 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 in Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished three times due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and two times due to the previous drunk driving. Since the recent criminal record and the date of the instant crime are not much distance between the previous criminal record and the date of the instant crime, the Defendant shall be sentenced to imprisonment with prison labor.

However, the drinking water of this case is not high compared to other cases, the defendant has no record of punishment heavier than imprisonment with prison labor in the past, and the defendant's mistake is divided.