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 March 26, 2010, the Defendant was issued a summary order of 1,500,000 won by the Jeonju District Court for the crime of violation of the Road Traffic Act.

On June 25, 2019, at around 21:00, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.035% from the 500-meter section to the front of the C apartment, the Defendant driven from the front of the Haju-gun B Apartment to the front of the C apartment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, a report on the circumstance of a drinking driver, and an appraisal report on the blood alcohol concentration;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and copies of summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, in spite of the previous convictions of the same kind of crime, has engaged in drinking driving at once, and the risk of drinking driving is not that of the crime.

However, the execution of imprisonment shall be suspended in consideration of the fact that the mistake reflects the mistake, the degree of alcohol concentration is not high, the power of punishment for drunk driving is not recent, and the fact that there is no other criminal power except for the previous conviction due to the drunk driving.

In addition, the sentencing conditions, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, shall be determined as per the order.