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 January 27, 2010, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Military mountain support.

On December 28, 2019, at around 22:32, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.047%, driven a FNAS car from approximately 500 meters from the front of the Hesan-si B’s alcohol site B “C” to the front of E in D.

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 the crackdown on drinking-driving, investigation report (report on the circumstances of the drinking-driving driver), and circumstantial statement of the drinking-driving driver;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same type of force), and copies of summary order Acts and subordinate statutes;

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 drinking driving, it is highly likely to criticize the Defendant in that he once re-driving.

However, the defendant reflects his depth in committing a crime, taking into account all the conditions of sentencing, including the details of the crime, the situation before and after the crime, the age of the defendant, the family environment, etc., and the scope of the term of punishment reduced only once.