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 December 7, 2009, the Defendant was sentenced to a fine of KRW 1 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 12, 2019, at around 01:10, the Defendant driven a fwing-III truck with a blood alcohol concentration of about 0.086% at a section of about 500 meters from the front of a restaurant located in Dansan-si B to the front intersection in D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A survey report on the actual condition of a traffic accident, the scene of an accident, and the photograph of an accident vehicle;

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

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

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 even though he/she had the record of punishment for drunk driving.

However, the fact that the defendant's mistake is recognized and reflected, and that there is no record of criminal punishment except twice fines is favorable to the defendant.

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.