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 30, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 5 million, and a summary order of KRW 5 million from the Changwon District Court to the same crime on December 2, 2019, respectively.

On November 5, 2019, the Defendant driven a eenzE200 car from around 300 meters to around D apartment at the same time as the blood alcohol concentration of 0.149% was drunk on November 5, 2019.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though the Defendant violated the prohibition of drinking once or more times.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inspection conducted as a result of the control of drinking driving (Control Date: November 5, 2019);

1. Previous convictions in judgment: Criminal history records, investigation reports (verification of cases during the previous records and continuous trials), one summary order, and the application of summary statutes of one indictment shall be made;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2013, 2019) due to drunk driving, even though he was punished by a fine.

In addition, even 13 days after the control of drinking driving is 13 days, the liability for the crime is not easy.

In the blood alcohol concentration of 0.149%, the main state is not easy.

The purpose is that it was requested to be a day which had never been passed after drinking control.