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 22, 2015, the Defendant received a summary order of a fine of KRW 4 million from the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 20:40 on July 2, 2020, the Defendant driven a F-wing freight vehicle under the influence of alcohol with a maximum of 0.208% alcohol level 0.208% in the 3km section from the front of the “C”, located in the Jeon-gun, Suwon-gun, North Korea, to the front of the E-ray in D.

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. Investigation report on the actual condition of traffic accidents, the results of crackdown on drinking driving, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for driving sound);

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 (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

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

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, the period of stay of execution for two years, taking into account the following circumstances, comprehensively taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, various sentencing factors as shown in the pleadings of this case shall be determined as ordered.

[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 the record of punishment for drinking driving.

At the time of the instant crime, the blood alcohol concentration of the Defendant was very high, and the Defendant was under its influence normal.