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 June 27, 2011, the Defendant was issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Changwon District Court Msan Branch.

On March 13, 2020, at around 00:10, the Defendant driven an EK5 vehicle while under the influence of alcohol of about 0.098% in the section of about 3km from the C public parking lot located in Changwon-si, Yongsan-si B to the roads adjacent to D.

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. The circumstantial statement report of the drinking driver, each investigation report (the circumstantial report of the drinking driver, calculation of the blood alcohol concentration, calculation of the suspect's blood alcohol concentration);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and other statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.

It also caused an accident.

However, the defendant recognizes and reflects the facts of crime.

There is no record of punishment except for the above electricity.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.