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 December 17, 2007, the Defendant was issued a summary order of KRW 1,50,000 by the Changwon District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and on December 24, 2014, the Defendant was issued a summary order of KRW 3,50,000 for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court Branch Branch.

On September 27, 2020, the Defendant driven an EM5 vehicle under the influence of alcohol by 0.153% of alcohol concentration in blood from around 3km-gu, Changwon-si B, Changwon-si, Changwon-si to the Changwon-si C and the front road.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

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

2. Not applying the sentencing criteria: Omission of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who had been sentenced to a fine twice (2007, 2014) due to driving under drinking, was under the influence of driving under the influence of alcohol, and was under the influence of drinking at once.

The state of being placed in the state of alcohol with 0.153% of alcohol concentration in blood is significant.

Even if a person is punished for drinking driving in the past, the alcohol concentration exceeds 0.1% during blood.

However, there was no traffic accident.

There is no criminal history exceeding a fine for the accused.

In addition, the age, sex, environment, motive, means and result of the crime of the defendant.