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

[Power of Violation of Article 44(1) of the Road Traffic Act] The Defendant was issued a summary order of KRW 1.5 million at the Gwangju District Court on September 6, 2017 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 2, 2019, at around 19:38, the Defendant, while under the influence of alcohol, driven the Eystex vehicle from approximately 2 km to the roads near the Danyang-gun, Danyang-gun, 0.17% of alcohol level, around 0.17%.

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, and application of Acts and subordinate statutes of a summary order;

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

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act and once due to the previous drunk driving, and there is no time interval between the recent drunk driving and the date of the instant crime, and there is a very high drinking level, and there is another criminal conviction punished for a traffic-related crime, and thus, the Defendant is sentenced to imprisonment with prison labor.

However, considering extenuating circumstances, such as the fact that the defendant has no record of punishment heavier than imprisonment with prison labor and the defendant has divided his/her wrong facts, the term of punishment shall be set within the scope of the punishment, and the execution of the punishment shall be suspended, but the order shall be issued together with the participation in the compliance driving lecture, and the punishment shall be determined as the same as the order.