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 February 14, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Southern District Court of the Jeonju on February 14, 2008.

【Criminal Facts】

On November 20, 2019, at around 00:40, the Defendant driven an Esch Rex sports cargo vehicle at approximately 5km while under the influence of alcohol concentration of about 0.046% in the 5km section from around “C” restaurant in Southern-si B via D to the vicinity of the said restaurant.

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 (report on the confirmation of the same kind of power) and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 of the community service order;

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: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, environment, motive for committing a crime and circumstances after committing a crime, the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the arguments of this case.

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

Although the defendant was punished for a drunk driving crime, he also committed the crime of this case.

[Ligue circumstances] The defendant is recognized to commit his crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration level was not very high.

The crime of this case did not cause any particular personal injury.

The defendant in 208.