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

On October 10, 2019, the Defendant was issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s military mountain support.

On September 18, 2019, the Defendant driven D Launa car in the state of alcohol alcohol concentration of about 0.259% from around 5km to the front road of the C hotel, from around 5km in the military city B apartment on September 5, 2019.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol at least once, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Related photographs, including reports on the actual status of a drinking driver, reports on the actual status of a drinking driver, and reports on his statement of opinion;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-driving.

However, the defendant is in profoundly against the crime, considering various conditions of sentencing, such as the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., within the period of punishment that has been mitigated only once.