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 May 11, 2016, the Defendant was issued a summary order of KRW 1.2 million by the Gwangju District Court for the crime of violation of the Road Traffic Act, and KRW 2 million by the same court on May 21, 2018.

On November 26, 2019, at around 01:50, the Defendant driven a B rocketing car from around 3 km to the wind string distance in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, with a level of alcohol alcohol concentration of 0.151%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

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. 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, committed the instant crime once again even though he was punished twice due to drunk driving, and there is no time interval between the previous record of drunk driving and the date of the instant crime. The Defendant is sentenced to imprisonment with prison labor for the Defendant on the grounds that the instant crime was committed.

However, in light of the circumstances, such as the fact that the defendant has no history of punishment heavier than imprisonment, the defendant sold the vehicle after the crime of this case, and changed his will to comply with the law by breaking his mistake, etc., the punishment shall be determined within the scope of the punishment, and the execution of the punishment shall be suspended within the scope of the punishment, but the execution of the punishment shall be ordered together to order the participation in the compliance driving lecture.