A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 19, 2018, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), etc. in the Jeonju District Court’s Gunsan Branch.

On July 31, 2020, the Defendant driven an Ei30 vehicle while under the influence of alcohol content of about 0.079% in blood from the 2km section from the Dosan-si apartment parking lot to the Dosan-si C’D’ prior road in the Gunsan-si.

Accordingly, the defendant, even though he violated the prohibition of drinking under the Road Traffic Act at least once, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigative reports (report on the situation of the driver in charge of driving), reports on the circumstances of the driver in charge of driving, inquiry into the results of crackdown on drinking, and making an inquiry into the enemy;

1. Previous conviction: A written reply to inquiry, such as criminal history, (A) the application of Acts and subordinate statutes confirming the same criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

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

However, the fact that the defendant is deeply against the crime, the details and the situation before and after the crime, the age of the defendant, the family environment, etc.