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 30, 2007, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act by the Gwangju District Court, and on May 28, 2013, the Defendant was sentenced to a suspended sentence of six months by imprisonment for the same crime in the same court.

At around 04:50 on July 29, 2020, the Defendant driven an EM5 car from around 6 km to the ccafeteria, Seo-gu, Gwangju, Seo-gu D Apartment Underground Parking Lot, while under the influence of alcohol of 0.151% of blood alcohol level.

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 records of judgment: Criminal records, inquiry reports, judgment, application of summary order-related 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 on probation;

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, again committed the instant crime even though he/she was punished twice due to drunk driving, and since the drinking water level of this case is high, the Defendant is sentenced to imprisonment with prison labor.

However, in light of the circumstances that may be considered in light of the circumstances, such as the fact that the previous criminal records of drinking alcohol driving and the date of the instant crime, and the Defendant’s wrong behaviors, the sentence shall be mitigated, and the execution of the sentence shall be suspended within the scope of the applicable sentences, but the community service corresponding to the nature of the Defendant’s crime and the lecture for compliance driving shall be ordered together, and the sentence shall be determined as the same as the order.