A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 13, 2013, the Defendant was issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act (drinking driving), etc. in the Jeonju District Court’s Gunsan Branch.

On December 6, 2020, the Defendant driven a E-Poter II cargo vehicle from the front road of the “C” located in Kim Jong-si B, Kim Jong-si, to the front road of approximately 200 meters alcohol leveling to 0.207% of alcohol level in blood.

Accordingly, the Defendant was driving a motor vehicle under the influence of alcohol with a person who violates the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a photograph of accident, a report on the control of drinking driving, a report on the circumstances of the driver who is placed in driving, and an investigation report (report on the circumstances of the driver who is placed

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (verification of the same type of force), and a summary order;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had been punished for drinking driving in the past, there is no room for criticism and defense in that he has re-drawed again, and there is no room for criticism.

However, the defendant depths the crime.