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 February 12, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support.

On November 26, 2019, at around 16:20 on November 26, 2019, the Defendant driven an E 1 ton 2 cargo vehicle from the C Center parking lot located in Si, Gunsan-si B to the front road of Si, Gunsan-si under the influence of alcohol content of about 0.054%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, investigation report (report on the state of drinking drivers), investigation report (related to calculation of the concentration of blood alcohol);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 been punished due to drinking driving, it is highly likely to criticize the Defendant in that he once re-drawed the drinking driving.

However, the term of punishment, in particular, has been mitigated only once, taking into account all the conditions of sentencing, such as the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc.