A defendant shall be punished by imprisonment for a term of one year and four months.

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 4, 2008, the Defendant was sentenced to a fine of KRW 700,00 by the Changwon District Court for a violation of the Road Traffic Act.

around 22:41 on August 23, 2019, the Defendant driven C rocketing car with the blood alcohol concentration of about 0.221% in the 3km section from the Southern-si, NamyangIC to the front road of the same Si apartment.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: the Defendant committed the instant crime in 2001 and 2008 but again committed the instant crime; the Defendant was sentenced in 190 on the following grounds: (a) the blood alcohol concentration was high; (b) the Defendant was driving at a certain distance with a high blood alcohol level; (c) the Defendant’s nature was high; (d) the Defendant’s commission of his criminal act was high and high possibility of criticism: (c) the Defendant’s commission of the crime was against the mistake; (d) there was no risk of ordinary traffic, such as traffic accidents, etc. due to drinking driving; and (e) the instant crime was committed after a long period of not less than 10 years from the time of the previous drunk driving; and (e) the Defendant was sentenced in 190.