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 February 5, 2007, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) on July 2, 2010. On July 6, 2011, the Defendant was sentenced to a fine of KRW 12 million for a crime of violating the Road Traffic Act (drinking driving).

around 23:00 on October 27, 2020, the Defendant driven a DNA car from the roads near the “C” located in the Mine-gu, Gwangju Metropolitan City, to the roads front of the “Health Insurance Review Evaluation Institute” of 210, Gwangju Metropolitan City, with alcohol concentration of 0.134%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a summary order, and the provisions of two copies of the judgment;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment 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. Taking into account the fact that the reasons for sentencing under Article 62-2 of the Criminal Act include two times the records of punishment for the defendant with the same criminal records, and that the blood alcohol concentration at the time of the instant crime reaches 0.134%, it is inevitable to choose a sentence of imprisonment.

However, there are circumstances such as the fact that the defendant has not been punished by a fine or heavier punishment due to the same kind of crime, that there is a considerable interval of time from the date of the last same kind of crime, and that the defendant recognizes his mistake.

In this context, a suspended sentence shall be imposed in consideration of the age of the defendant, sexual conduct, circumstances before and after the crime, and all the sentencing conditions specified in the records and arguments, but community service and lecture attendance order shall be added.