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 August 1, 2017, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Southern District Court of the Jeonju on August 1, 2017, and a summary order of KRW 2 million for the same crime in the same court on August 9, 2018.

【Criminal Facts】

On July 13, 2019, at around 13:55, the Defendant driven a D1 ton cargo vehicle while under the influence of alcohol with approximately 0.053% of alcohol level 0.053% in the section of about 5 km from the front of the BB lending in the Jeonbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving and investigation report (report on the situation of a drinking driver);

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (report accompanied by a copy of a summary order);

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 probation and lecture attendance order;

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 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.

The defendant has been punished twice for the same crime, and the last one year has passed after the punishment was imposed, and the crime of this case has been committed again before the lapse of the last one year.

【Pried circumstances” Provided, That this shall not apply.