A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 13, 2019, the Defendant was issued a summary order of a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Jeonju District Court’s branch court on June 13, 2019.

【Criminal Facts】

On April 11, 2020, at around 20:22, the Defendant driven a DB-car under the influence of alcohol leveling 0.086% of alcohol level from approximately 6km to the front road of the “Ccafeteria” located in B of the Jeonbuk-gun of the same Gun from the front of the “Ccafeteria” road located in B of the same west-gun of the same Gun to the front road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

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

1. A copy of the usage register of drunks;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A report on detection of a host driver;

1. Responses to the results of requests for traffic accident analysis;

1. A report on investigation (the details of confirmation on the progress of each vehicle);

1. Embling photographs of a Ma2 Vehicle Empir and a photograph of a Ma1 Vehicle Blue image of the Ma2 Vehicle Empir;

1. Video CDs;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (suspects' previous records and attachment);

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 ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be postponed under the condition of probation, community service order or order to attend a lecture, in consideration of the following factors: probation, community service order or order to attend a lecture, the amount of alcohol concentration, driving distance, relatively recent years of punishment of a fine due to drinking driving, the fact that the defendant has no record of special punishment other than once before and after the judgment of the court, and the fact that a vehicle has been scrapped;

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.