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 February 8, 2013, the Defendant issued a summary order of KRW 5 million at the Military Operation Headquarters general military court due to a violation of the Road Traffic Act, etc., and on January 29, 2014, the Defendant was sentenced to a suspended sentence of two years for a period of ten months by imprisonment with labor for a violation of the Road Traffic Act at the Changwon District Court.

At around 22:50 on June 13, 2020, the Defendant driven an E-burged vehicle with a blood alcohol concentration of about 0.178% from the 10km section to the front road of the D Building in Changwon-si, Sungwon-si B and C, Changwon-si, Changwon-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 circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

1. Each report on investigation;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including details, timing, etc. of previous convictions in the market);

1. It shall be decided as ordered on the grounds of probation, community service, or order to attend lectures for not less than Article 62-2 of the Criminal Act (an order to verify alcoholic content and to receive necessary medical treatment);