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 2, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act, and KRW 2 million by the above court on January 19, 2015 with the same criminal name, etc.

【Criminal Facts】

On September 10, 2019, at around 22:35, the Defendant driven a F car under the influence of alcohol with a level of about 0.097% alcohol concentration in approximately 5 meters from the roads near the C convenience store located in Kimhae-si B to the roads front of the E restaurant located in D.

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, repeated statements, and application of each summary order statutes;

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, a sentence as ordered shall be determined by taking into account all the various circumstances, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harmful effects of drinking driving and favorable circumstances such as a certain degree of blood alcohol concentration: The fact that the defendant repents and reflects the defendant's wrong, the distance of drinking driving is short, there is no penalty history exceeding the fine, the dependent, etc.