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 March 18, 2014, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Military mountain support.

On November 26, 2019, the Defendant driven a D-wing-III motor vehicle around the roads near the Militarysan City, in a state of under the influence of alcohol of 0.148% with a blood alcohol concentration of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of one copy of the statement on criminal records, the copy of the summary order, etc.;

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, considering the fact that the defendant is closely against the crime, various conditions of sentencing such as the background and circumstances before and after the crime, the age of the defendant, family environment, etc., the execution of the punishment as stated in the order shall be suspended within the scope of punishment that has been mitigated only once, and community service and compliance driving lecture shall be ordered.