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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 23, 2007, the Defendant received a summary order of KRW 700,000 from the Jeonju District Court to a fine of KRW 1.5 million for a crime of violating road traffic law, and a summary order of KRW 1.5 million for the same crime in the same court on October 11, 2013.

[2] Despite the above [criminal history], the Defendant: (a) on June 22, 2020, around 22:35, 2020, 14 degrees from the 14th-ro to the 10-19th-ro of the 100-o-ro of the 1stm of the old literature, the Defendant committed a violation of Article 44(1) of the Road Traffic Act by driving a Bystren motor vehicle under the influence of alcohol level of about 0.053% from the 50-o-ro of the 500m of blood alcohol level on at least two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes governing inquiry;

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act regarding the crime at issue; Article 53 and Article 55(1)3 of the Criminal Act to reduce the amount of selective punishment for imprisonment (the following grounds for sentencing)

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, occupation, sex, family relationship, and the conditions of sentencing as shown in the trial process and records, including the circumstances before and after the crime.

Although the defendant was punished twice as a crime of violation of the Road Traffic Act (drinking driving), it is not easy to impose a punishment on the defendant due to driving of drinking at the same time.

The Defendant had been punished for drinking alcohol driving and the date of the occurrence of the instant case at a short interval, and the Defendant’s blood alcohol concentration was not significantly high at the time of the instant case.

Defendant made a statement that he would not drive drinking again while putting in depth against his depth.