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 January 13, 2011, the Defendant was sentenced to a fine of KRW 1 million by the Jeonju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

around 00:10 on October 14, 2019, the Defendant driven a FK7 car under the influence of alcohol leveling 0.063% of alcohol level 0.063% on the front of the C Hospital located in Yansan-gu, Seoul Special Metropolitan City, up to D’s front road.

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: Application of criminal records, inquiry reports and summary order-related 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 even though he/she had the record of punishment for drunk driving.

However, there is no record of criminal punishment except for two times of fines, and there is no traffic accident in favor of 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.