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

[criminal power] On April 11, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On April 14, 2020, the Defendant, while under the influence of alcohol, driven a Franchising car with approximately 400 meters alcohol level of 0.180% under the influence of alcohol at approximately 40 meters from the front side of the road in Tong-si B through Dong-si to E in the same city. < Amended by Act No. 1054, Apr. 14, 2020>

[In light of the Defendant’s final drinking time (19.00), respiratory measurement time (19.48), blood collection time (20.37), and blood alcohol concentration from 30 to 90 minutes after drinking, the gist of evidence in this case is more reliable than the blood collection appraisal value (0.29%, and facts charged) that is close to the Defendant’s driving time. Of the facts charged, there is no proof that the part based on blood collection appraisal value is based on the blood collection appraisal value, and thus, recognized as indicated in its reasoning according to the pulmon measurement value).

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence as ordered, in full view of all the circumstances revealed in the trial process of this case, such as one year of imprisonment, two years of suspended sentence (40 hours in total), the previous department (one time of fine), the developments and distance from the situation of driving, and the age, character and conduct, environment, family relationship, etc. of the accused, the punishment shall be determined as ordered;