A defendant shall be punished by imprisonment for a term of one year and two 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

On January 28, 2015, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act from the Jeonju District Court.

Although the Defendant had the record of violating Article 44(1) of the Road Traffic Act, at around August 14, 2019, the Defendant driven a Efran vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.185% from the front day of the Yansan-si B building in the front day of the Yansan-si B building to the front day of the D cafeteria located in C.

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. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the blood alcohol concentration and driving distance, the same electric power (one time to suspend execution of a sentence, a fine), the previous probation period of 20 years has passed, and other various circumstances revealed in the trial process of this case, including the defendant's age, character and conduct, environment, family relationship, etc. shall be determined as ordered by taking into account the following factors: