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

On November 22, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Jeonju District Court's Military Mountain Branch on November 22, 2017.

On October 30, 2019, at around 22:25, the Defendant driven the Fsch Rexton Cargo Vehicles owned by the Defendant, while under the influence of alcohol leveling about approximately 150 meters from the front of the “C” road located in the Sinsan City B to the road, and driving the Fsch Rexton Cargo Vehicles with approximately 0.120% alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of inquiry reports, such as criminal records, and Acts and subordinate statutes to reports on criminal investigations (reports on criminal records of the same kind of suspect);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. In light of the risk of accidents caused by drinking driving in the current road traffic situation where many and unspecified persons habitually use the reason for sentencing under Article 62-2 of the Criminal Act, and the possibility of occurrence of serious damage caused thereby, the social necessity to strict drinking driving is very high.

The purpose of legislation is to stipulate the statutory penalty for driving under the Road Traffic Act not less than 2 years but not more than 5 years, and a fine not less than 10,000 won but not more than 20,000 won, which reflects the purpose of legislation.

Although the Defendant had already been punished for drunk driving, it is highly likely to criticize the Defendant in that he has repared the drinking driving of this case.

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, and the family environment.