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 January 12, 2015, the Defendant was issued a summary order of KRW 2,00,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

On March 9, 2020, at around 01:45, the Defendant driven a e-learning car at the section of approximately 1.8 km from the front side of the Seongbuk-gu Seongbuk-gu, Changwon-si to the front parking lot of the Diplomatic Association located in Sungwon-si, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that a person's physical ability affects so that a person's drinking driving is conducted, it is highly dangerous to lead to traffic accidents. The drinking driving is highly dangerous; the defendant's records of punishment for drinking driving are high; the defendant's drinking driving again without the awareness of the danger of drinking driving even though he had a record of driving under the influence of alcohol driving; and the defendant's condition or the degree of driving under the influence of drinking is disadvantageous.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for committing the crime and circumstances after committing the crime, shall be determined as ordered in consideration of the fact that the defendant does not repeat the crime of this case while against the crime of this case, there is no other criminal records except before and after the record in the judgment.