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

[criminal power] On August 30, 2013, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Southern District Court of the Jeonju on August 30, 2013, and on April 10, 2018, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 20:40 on September 16, 2020, the Defendant driven a Cwning-III cargo vehicle owned by the Defendant, while under the influence of alcohol by approximately 6.6km from the area of approximately 0.140% of alcohol alcohol level to the front road of the Seocho-si, Namwon-si, Seoul Metropolitan City, the parking lot of the B market to the front road of the Seowon-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. Investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, and report on internal affairs (Attachment, etc. to field photographs);

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 on the suspension of execution (hereinafter “the grounds for the suspension of execution”)

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, two years under probation, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive for committing a crime, drinking driving distance, blood alcohol density and other factors of sentencing as shown in the pleadings of this case, such as the circumstances after committing a crime, shall be determined as ordered.

[Unfavorable circumstances] The drinking driving is a crime that may cause serious damage to another person's life, body, or property, and there is a need to strictly punish such a crime.

The defendant has been punished twice for the same crime.