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 January 5, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the support of the Southern District Court of the Jeonju on January 5, 2010, and on August 16, 2013, the same court received a summary order of 2.5 million won for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 19, 2019, at around 23:12, the Defendant driven a Doz car in the state of alcohol with a blood alcohol concentration of 0.177% from the 2km to the front of the C Hospital located in Nam-si, Namwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. E police statement;

1. Reports on internal accidents, reports on the circumstantial statements of drivers of alcoholic beverages, and reports on the results of the regulation of drunk driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes governing the confirmation of the same kind of power;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: One year to three years; and

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply since they are offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as the order.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

The defendant committed the crime of this case even though he had been punished twice or more for the same crime.

At the time of the instant crime.