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 March 27, 2009, the Defendant issued, at the Gwangju District Court, a summary order of KRW 3 million for a fine of KRW 3 million due to a crime of violation of the Road Traffic Act, and on February 17, 2016, the same court issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

At around 07:10 on November 8, 2019, the Defendant driven an Epic car from the G apartment of Gwangju Mine to the “D” road located in Gwangju Mine-gu C, while under the influence of alcohol of 0.083% of blood alcohol level.

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

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A traffic accident report;

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

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished twice due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and twice due to the previous drunk driving, and the risk of the instant accident, such as causing an accident in the course of driving the instant case, and thus, sentenced to imprisonment with prison labor for the Defendant.

However, considering extenuating circumstances, such as the fact that the drinking alcohol level in the instant case is very high compared to other cases, the interval between the time when the Defendant ends drinking and the running time of drinking is considerably high, and the Defendant has no record of having been sentenced to imprisonment or more than imprisonment with prison labor, including the previous case, the sentence shall be mitigated within the applicable sentencing range, and the execution of the sentence shall be suspended, but the compliance driving lecture shall also be ordered.