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

The Defendant was issued, respectively, a summary order of KRW 4 million at the Gwangju District Court on October 23, 2012, KRW 1.5 million on June 22, 2016, and KRW 7 million on September 16, 2016.

On September 22, 2020, at around 05, the Defendant driven a D-to-purd vehicle with a blood alcohol concentration of about 0.140% from the 1km section from the roads following the Dogdong District in Gwangju Northern-gu to the roads in front of the C in Gwangju Northern-gu.

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. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: The results of inquiry and the application of three copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant committed the instant crime again, even three times the criminal records of the same crime with regard to sentencing under Article 62-2 of the Criminal Act, choice of imprisonment is inevitable.

However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment, and that the defendant recognizes his mistake.

Here, considering the degree of blood alcohol level at the time of committing the instant crime, the background leading up to the drunk driving, the distance and place at which a drunk driving was conducted, the Defendant’s age, character and conduct, and the circumstances before and after the instant crime, the punishment as ordered shall be determined in light of all the sentencing conditions shown in the records and arguments.