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 26, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch, etc., and on September 12, 2013, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jinwon District Court’s Jinwon Branch.

On July 5, 2020, at around 03:28, the Defendant driven a DNA car with a blood alcohol concentration of about 0.121% from the section of about 2 km from the C cafeteria parking lot located in Kimhae-si B to the Cheongsan-dong located in the same tri-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same type of crime records);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving background, and previous convictions) takes into account as a major sentencing factor, and the fact that the defendant is expected to recognize and not to make another mistake again, and that he/she is expected to do so, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the premise that he/she faithfully performs the community service work.