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 September 30, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Gunsan Branch of the Jeonju District Court, and on December 28, 2009, a fine of KRW 3 million for the same crime, etc. in the same court. On April 22, 2010, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for the same crime, etc. at the Jeonju District Court.

【Criminal Facts】

On December 4, 2018, at around 20:44, the Defendant driven a Karen car in the state of alcohol with approximately 10km alcohol concentration of about 0.157% from the section of about 10km from the front of the cafeteria located in the same group C to the front of the D secondary school located in the same group C.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation report (including a confirmation of the same criminal records (including attached sentences), and statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. When the reasons for sentencing under Article 62-2 of the Criminal Act include a long-term force for sentencing, the Defendant had a total of four times or more, including the criminal records in its holding, and one of them was subject to the prior action of suspended execution.

Nevertheless, the Defendant was driving a motor vehicle without reflectivity and with drinking, and the crime of this case is not good, and it cannot be deemed that the Defendant’s risk of recidivism is low.

On the other hand, blood alcohol concentration is not low.

The punishment corresponding to the defendant's act is selected, but the punishment has passed about 8 years from the last punishment, and the defendant acknowledges and reflects his mistake.