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 November 24, 2006, the defendant received a summary order of a fine of KRW 700,000 from the Changwon District Court as a crime of violation of the Road Traffic Act (driving).

Nevertheless, at around 23:10 on July 29, 2020, the Defendant driven Cran-car under the influence of alcohol with approximately 0.188% alcohol concentration in the section of about 15 km in the south of the same city to the neighboring street of the South-west IC located in the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same retained power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (it shall be taken into consideration in light of the blood alcohol density and the same criminal records, etc., but the overall circumstances, including the fact that a case is not less light in light of the degree of crime, the fact that the crime is not committed in depth, and the fact that there is no record of criminal punishment heavier than that of the suspension of execution of imprisonment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;