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

[Criminal Power] On December 7, 2006, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Southern District Court of the Jeonju on December 7, 2006.

【Criminal Facts】

On July 3, 2020, at around 17:01, the Defendant driven a motor vehicle in the E-mail while under the influence of alcohol content of about 0.21% from the 2km section from the front of the house of C, which is the land located in the Jinan-gun B of North Korea, to the roads adjacent to the Jinan-gun of North Korea.

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. The actual condition of traffic accidents, on-site photographs;

1. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Investigation report (Calculation of blood alcohol concentration);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for one year, the period of stay of execution for two years, taking into account the following circumstances, comprehensively taking into account the defendant's age, environment, motive for committing a crime, blood alcohol density, driving distance, and circumstances after committing a crime, various sentencing factors as shown in the pleadings of this case shall be determined as ordered.

[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.

Although the Defendant had been punished twice due to drinking driving, the Defendant committed the instant crime.

Defendant’s physical damage.