A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 30, 2009, the defendant was issued a summary order of 2.5 million won for a crime of violating road traffic laws (drinking driving), and on December 18, 2017, the defendant was issued a summary order of 2 million won for a crime of violating road traffic laws (drinking driving) at the Changwon District Court. On August 21, 2018, the defendant was sentenced to imprisonment of 6 months for a crime of violating road traffic laws (drinking driving) and 2 years for a suspended sentence.

On October 2, 2020, the Defendant driven Dexton vehicles under the influence of alcohol content of about 3km from around 04:38 to around 0.160% in blood alcohol content from the street parking lot located in the Dong of Sungwon-si, Changwon-si to the front road of C Hospital located in the window B of Changwon-si, Changwon-si.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2(1) of the Criminal Act, on the grounds of protection observation, community service order and order to attend a lecture, shall be determined as ordered by taking into account all the various circumstances, including the following circumstances, including the age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harmful effects of drinking driving, high level of alcohol concentration in blood, and favorable circumstances such as recidivism within a short period of time even after the defendant was punished several times as stated in the previous record of the judgment: The defendant's mistake is divided and reflected, the defendant's health status is not good, the family members, etc. are living together.