A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 28, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a crime of violating the Road Traffic Act at the Gwangju District Court on March 28, 2013, and on May 22, 2014, the same court issued a summary order of KRW 5 million with a fine of KRW 5 million due to a crime of violating the Road Traffic Act.

On November 24, 2020, the Defendant driven a FIsta car in the state of alcohol alcohol concentration of approximately 1.6 km from the front road in C, which is located in C, which is located in D, to the front road of the E care hospital located in D, to November 24, 2020, while under the influence of alcohol concentration of about 0.067%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. An accident scene photograph;

1. Records of driving under the influence of judgment: Application of a reply to inquiry, such as criminal history, investigation report (limited to a summary order attached to such previous records of drinking, driving without a license), and other Acts and subordinate statutes;

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Road Traffic Act amended on December 24, 2018, on the grounds of sentencing Article 62-2 of the Criminal Act, when selecting a person who drives drinking at least twice to imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years even if the amount of reduction is reduced) was strengthened.

Although the defendant had already been punished two times due to drinking driving, there is a lot of risk of committing the crime of this case where he drives a drinking again.

However, in consideration of the fact that the defendant's mistake is recognized and there is no record of punishment more severe than the fine, the execution of imprisonment as above shall be enforced.