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 January 8, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the support of the Southern District Court of the Jeonju on January 8, 2010, and on November 9, 2010, the same court was sentenced to a suspended sentence of two years for a period of ten months due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 29, 2019, at around 18:30, the Defendant driven a ewing-III truck owned by the Defendant, while under the influence of alcohol leveling 0.036% from the front road in the Southern-si B to the front road in the Southern-si. D., the Defendant driven a ewing-III truck under the influence of alcohol leveling 0.036%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, H and I;

1. The actual condition survey report;

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

1. Accident site and vehicle photograph;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, such as sound records, etc.);

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. 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 on orders to provide community service and attend lectures;

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 is a crime that may cause serious damage to the life, body, or property of another person.