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 this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 12, 2006, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Southern District Court of the Jeonju on December 12, 2006, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) in the same court on December 27, 2012, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) in the same court on February 3, 2017, respectively.

【Criminal Facts】

At around 13:02 on May 23, 2020, the Defendant driven the E-friendly A6-car in a drunken state with approximately KRW 7km distance from the 7km section to the 0.29% alcohol concentration from the 7km section before the hotel in the Southern-si, Namwon-si.

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. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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, such as probation, community service order and order to 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, three years under suspended sentence, 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 is a crime that may cause serious damage to another person's life, body or property.