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 June 27, 2011, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Jeonju District Court's military mountain support.

At around 1:50 on November 16, 2019, the Defendant, while under the influence of alcohol of 0.076% of blood alcohol level, driven an Eone Star motor vehicle from approximately 200 meters away from the roads near the “cafeteria” located in Isan-si B to the roads near the “D building.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A), investigation reports (verification of the same criminal records - attachment of a summary order), and application of one copy of the summary order applicable under one Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-driving.

However, the defendant reflects in depth the crime, taking into account all the conditions of sentencing, including the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., and the execution of the sentence as ordered within the scope of the punishment that has been mitigated only once.