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 18, 2015, the defendant was issued a summary order of a fine of one million won by the Changwon District Court for a violation of the Road Traffic Act.

On December 2, 2019, at around 22:32, the Defendant driven an EM7 car from the 100m section from the front side of the Cju store in Kimhae-si, to the DB, while under the influence of alcohol of 0.045% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Details of reports on detection of the violation of the Road Traffic Act, reports on the state of drinking drivers, reports on the state of drinking drivers, notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and management and inquiry into the reports on drinking driving;

1. A report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant has a criminal record of drunk driving; (b) the personal rehabilitation procedures against the Defendant are currently underway; and (c) the Defendant’s age, character and conduct, and environment, and other various sentencing conditions of Article 51 of the Criminal Act as indicated in the records of the instant case.