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 April 24, 2013, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court due to a violation of the Road Traffic Act.

On March 1, 2020, at around 17:24, the Defendant driven a D class III vehicle with a blood alcohol content of about 0.181% while under the influence of alcohol at approximately 2km from the entrance of Kimhae-si to the front of the Defendant’s dwelling period in C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate 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. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was that the defendant had committed the instant crime once again despite the existence of the same criminal records twice, and the blood alcohol concentration was very high at the time of the instant crime.

However, the execution of imprisonment shall be suspended in consideration of the fact that all of his/her mistakes are recognized, and there is no criminal record exceeding fines, and community service shall be ordered together.