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 February 21, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the Jeonju District Court's military mountain support.

On December 22, 2019, the Defendant, while under the influence of alcohol of 0.11%, driven a F K5 vehicle from approximately 50 meters to the front line of the Dosan-si B “C” to the front line of the Dosan-si “Ecafeteria” in D.

Accordingly, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and a detailed statement of handling cases 112;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (limited to the same criminal records);

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., and mitigation is conducted only once.