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 became final and conclusive.

Punishment of the crime

[criminal power] On August 16, 2007, the defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Southern District Court of the Jeonju on the part of the defendant, and a summary order of KRW 700,000 for the same crime in the same court on April 9, 2004.

【Criminal Facts】

On August 9, 2019, at around 20:35, the Defendant driven a F SM6 car under the influence of alcohol content of about 0.122% at a distance of about 40 meters from the front of the restaurant of “C” located in B of the Jeonbuk-gun, North Korea, to the front of the Escopic road located in D of the Jeonbuk-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving (blood collection result), and report on requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes for investigation confirmation (verification of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for the suspended sentence”), which is favorable for the following reasons;

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply to a crime for which the sentencing criteria are not set.

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years, taking into account the following circumstances, and taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined as the order.

[Unfavorable Circumstances] The drinking driving of a motor vehicle needs to be punished for a crime that may cause serious damage to another person's life, body, or property, which corresponds to the punishment for such crime.

In addition, the Defendant committed the instant crime even though he had been punished twice or more for the same crime, and the blood alcohol concentration of the Defendant at the time of the instant crime.