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 May 21, 2019, the defendant was issued a summary order of a fine of two million won by the Jeonju District Court for a violation of the Road Traffic Act.

On November 4, 2019, at around 16:50, the Defendant driven a D class III cargo vehicle while under the influence of alcohol content of about 0.103% from the 15km section to the front road of the same military base, from the 15km section, to the front road of the same military base.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the circumstantial statement of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same kind of power) and Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking driving.

However, the fact that the defendant's mistake is recognized and reflected, and that there is no traffic accident is favorable to the defendant.

Other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as ordered by the defendant.