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 July 25, 2017, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:44 on December 3, 2019, the Defendant driven an E-ro motor vehicle in the state of alcohol alcohol concentration of about 0.141% in the section of approximately 300 meters from the Do in front of Fapo City B apartment to D located in the same city C.

As a result, the Defendant violated the obligation of “the prohibition of driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, the current status of use of a drunk, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Application of Acts and subordinate statutes of one copy of the criminal record, reference report (A), investigation report (verification of the same type of crime), and summary order;

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

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

1. Even if the person was punished for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the person was under the influence of alcohol again, and the degree of blood alcohol concentration is also high so that the quality of the crime is not weak.

Therefore, the punishment shall be imposed by imprisonment, and considering the circumstances such as the background of drinking driving and the age, character, family environment of the accused, etc., the punishment shall be determined as ordered, and the execution of the punishment shall be suspended only once, and community service shall be ordered.