A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On December 4, 2013, the Defendant was sentenced to six months of imprisonment by the Jeonju District Court for a violation of the Road Traffic Act, etc., and was punished for drinking driving five times.

On May 18, 2020, the Defendant, while under the influence of alcohol at 00:42% of blood alcohol concentration, driven a 120 knex B knex knife to Orlsan-si 121, Orlsan-si, Orlsan-si.

Accordingly, the defendant violated the prohibition clause of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of ruling: Criminal history records, repeated statements, each summary order, and application of each statute of the judgment;

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 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant, who has a record of driving under drinking, drives under drinking, and the nature of the crime is not less than that of the crime, but less than that of the blood alcohol concentration due to drinking in this case;

Although the Defendant had had a history of being punished for being exposed to drinking driving on five occasions, etc., the possibility of criticism is significant in that he/she again committed the instant crime.

However, in light of various circumstances, such as the defendant's recognition of the crime of this case and the fact that the defendant is against himself, the defendant completed the registration of cancellation after scrapping of the present vehicle of this case, three times during the period of drinking driving of the defendant has passed since the date of the crime of this case, the defendant is a disabled person of Grade III with mental disorder, and the defendant's age, health conditions, personality and behavior, environment, motive and circumstance of the crime, means and consequence, etc., and the conditions of sentencing specified in the record, such as the circumstances after the crime of this case