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

【Criminal Records of Crimes】 On December 9, 2010, the Defendant was issued a fine of KRW 700,000 by the Jeonju District Court for a violation of Road Traffic Act (driving) and a summary order of KRW 3 million by the same court on September 2, 2014.

【Criminal facts” From around 21:50 on August 1, 2020 to the roads near “C” located in B of North Korea, to the roads front of “E” located in D, the Defendant driven a F-related cruise cruise car with a alcohol level of about 250 meters during blood alcohol level of about 0.092%.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Investigation report (report on the situation of the driver in charge); and

1. A report on the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of 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 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act of the community service and the lecture attendance order is a serious criminal that threatens the life, body, and property of other persons as well as his family members, and the crime of traffic accident occurs while driving in a state (0.092%) where the amount of alcohol content during blood at the time of the instant case is not low, and the same criminal record is two times, etc., which are disadvantageous to the Defendant, such as the fact that the Defendant led to the instant crime, the confession and reflect of the instant crime, and the fact that the personal damage would not occur due to the instant crime, etc., are shown in the instant arguments.