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

[Criminal Power] On July 16, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 17, 2019, at around 08:00, the Defendant driven C truck with a blood alcohol concentration of approximately 0.130% from the section of approximately 1.5km to the front road of the Republic of Korea in the same Eup/Myeon, from the front road of the Yju-gun, North Korea, to the front road of the Yju-gun.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A survey report on the actual condition of a traffic accident, and on-site photographs of a traffic accident;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, records of the same kind, etc., one copy of the aid to agreement of the case, two copies of the summary order, and the application of Acts and subordinate statutes of one copy of the list of related cases;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the 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 despite the fact that he/she had been punished twice due to drinking driving.

However, it is favorable to the defendant that there is no record of criminal punishment exceeding the fine and that the defendant's mistake is recognized and against it.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.