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

[criminal power] On December 12, 2002, the defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) from the Southern District Court of the Jeonju on December 12, 2002, and on March 2, 2007, the same court received a summary order of KRW 70,000 as a fine for a violation of the Road Traffic Act (driving). On December 13, 2010, the same court received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 11, 2019, at around 09:46, the Defendant driven the E-1 ton cargo vehicle in the state of alcohol alcohol concentration of about 0.033% from the 6km section to the road in front of the same military market “D” parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual survey report and on-site photographs;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. 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 of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply since they are offenses for which the sentencing criteria are not set; and

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as the order.

[Unfavorable circumstances] The drinking driving of a motor vehicle is a crime that may cause serious damage to another person's life, body or property.