However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On April 5, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (Refusal of measurement of noise level) in the Changwon District Court Msan Branch.

On March 15, 2020, around 01:22, the Defendant driven a re-scheduled car under the influence of alcohol with approximately 20km alcohol concentration of about 0.064% from the 20km section from the Changwon-si Masan apartment parking lot to the D front road located in the Gyeongnam-gun, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: The application of criminal records, inquiry reports, and investigation report-related 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine for one time due to drinking alcohol driving (200) and one time due to refusal to measure drinking (2018), and was engaged in a driving under the influence of alcohol.

In 2001, it has been punished by a fine for driving without a license.

No danger shall be small as the street is along the street and driving along a motorway or an expressway.

However, the defendant reflects on the crime.

The drinking driving did not cause a traffic accident while driving.

With blood alcohol concentration of 0.064%, the degree of alcohol is not relatively more severe.

The criminal defendant has been sentenced to a fine.