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 as a fine for a violation of the Road Traffic Act in Ansan District Court on May 23, 2007.

【Criminal Facts】

On December 20, 2019, at around 22:28, the Defendant driven a e-learning car from approximately 500 meters from the front side of the Gwangju Mine to the front road located in the Gwangju Mine District C, while under the influence of alcohol of 0.070% 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 control of drinking driving;

1. Making a report on 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, with the reason for sentencing Article 62-2 of the Criminal Act, committed the instant crime again even though he/she was punished once due to a drunk driving in violation of Article 44(1) of the Road Traffic Act, and was punished several times for traffic-related crimes, and thus, the Defendant is sentenced to imprisonment with prison labor for the Defendant.

However, in light of the circumstances that may be considered in light of the fact that the drinking alcohol level in the instant case was higher than other cases, and that there was a high interval between the previous record of drunk driving and the date of the instant crime, the sentence shall be mitigated, and the execution of the sentence shall be suspended within the scope of the applicable sentences, but the sentence shall be imposed together with the participation in the compliance driving lecture, and the sentence shall be determined as per Disposition.