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 July 12, 2007, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act. On January 24, 2014, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court’s Southern Branch Branch Branch to the same crime.

【Criminal Facts】

On June 26, 2020, at around 20:27, the Defendant driven a Fcoison vehicle with approximately 500 meters of alcohol level 0.060% under the influence of alcohol level 0.060% from the front road of “C” located in “E elementary school” located in “C” located in “E elementary school” located in “D” in the same city.

Summary of Evidence

1. Investigation report of the defendant's legal statement (report on the circumstances of the driver), and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 on orders to provide community service and 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, the period of stay of execution for two years, 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 needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

Although the Defendant had been punished twice due to drinking driving, the Defendant committed the instant crime.

【Eliable circumstances】 The defendant acknowledges his fault and commits the second offense.