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 July 15, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Southern District Court of the Jeonju on July 15, 2016.

【Criminal Facts】

around 22:00 on January 23, 2020, the Defendant driven a Fsch Rexton sports vehicle in the state of alcohol with approximately 4 km alcohol concentration of 0.122% from the front road of the “C” located in the Nam-si, Namwon-si, and around 22:40 on the same day to the front road of the “E” located in the same Si D.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report and on-site photographs;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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 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 from one year to two years and six months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, the period of stay of execution for two years, taking into account the following circumstances, comprehensively taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, various sentencing factors as shown in the pleadings of this case shall be determined as ordered.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

Even though the Defendant had been punished once due to drinking driving, the Defendant committed the instant crime.

The defendant intrudes the central line in the state of detention and runs back the station, and shocks the boundary stone and the traffic signs.