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

On April 5, 2017, the Defendant was sentenced to a suspended sentence of two years in August, 201 to imprisonment with prison labor for a violation of road traffic laws in the Jeonju District Court's Gunsan Branch.

On December 23, 2020, the Defendant driven a Fwing-III truck under the influence of alcohol content of 0.103% from a 4km section from the road front of the C University located in Haju-gun B to the Egrari-si, Hasan-si, the Defendant driven a Fwing-III truck with alcohol content of 0.103%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the scene of the accident, report on the results of crackdown on drinking driving, report on the situation of the driver who is placed in the main place, and investigation report (report on the situation of

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after previous convictions;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be taken into account) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly necessary considering the risk of accidents that may cause the driving of drinking in the current road traffic situation where many unspecified people habitually use, as well as the possibility of occurrence of serious damage therefrom.

The legislative intent of the Road Traffic Act to stipulate the statutory penalty for driving under drinking two or more times under the Road Traffic Act is to reflect such legislative intent in prescribing a fine of not less than 10,000 won, but not more than 20,000 won.

Although the Defendant had already been punished for drinking driving, it is highly likely to criticize the Defendant in that he once re-imprisoned the drinking driving.

However, it is particularly necessary to take into account all the conditions of sentencing, including the fact that the defendant is closely against the crime, the circumstances before and after the crime, the age of the defendant, the family environment, etc.