A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[criminal power] On June 28, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court, and on September 6, 2010, the same court was sentenced to a fine of KRW 3 million for the same crime. On January 14, 2012, the Defendant was issued a summary order of KRW 3.5 million for a fine of KRW 1.5 million for the same crime.

【Criminal Facts】

On October 2, 2019, at around 11:15, the Defendant driven a B grote in the state of alcohol alcohol concentration of approximately 0.126% from the 1k section of approximately 1km to the 3rd road of the public procurement office located in the same city trade in the same city.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, summary orders, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment (it takes into account not only the fact that a person has been punished twice as a drunk driver in 2010, but also the fact that a person has been punished once as a drunk driver or a non-licensed driver in 2012, but also a person has a blood alcohol concentration as 0.126%);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the crime is recognized and reflected, the fact that there is no less punishment than a fine for the same kind of crime such as drunk driving, etc., the age, character and conduct, family relationship, etc. of the defendant); and

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;