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

[Criminal Power] On February 7, 2014, the Defendant was issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (driving) in the Changwon District Court’s Msan Branch.

【Criminal Facts】

On January 26, 2020, at around 07:15, the Defendant was under the influence of alcohol with 0.172% of blood alcohol concentration, and the Defendant was driving C SP car at the section of about 5km from the roads near the jum of the trade name in Seongbuk-gu, Sungwon-si to the roads outside the window B of Changwon-si, Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The harm of drinking driving and the actual traffic hazard (e.g., shock of road signs, etc. after entering the road) and favorable circumstances such as significantly high blood alcohol concentration: The defendant repents and reflects the error, the fact that there is no particular penalty power in addition to the previous conviction, and family members, etc.