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 October 7, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Changwon District Court for a violation of the Road Traffic Act.

On October 19, 2019, at around 00:38, the Defendant driven a F Lastto vehicle under the influence of alcohol content of about 0.124% at a section of about 3km from the front of the frequency of C in Changwon-si, Masan City, B to the front road in the same Masan Member D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

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

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal history records, investigation reports, copies of judgment, and application of one copy of judgment;

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. The Defendant, who was sentenced to a sentence, had the ability to impose a fine once 2010 due to drinking driving, and was engaged in drinking at the same time.

As blood alcohol concentration of 0.124%, the drinking alcohol level is not relatively weak.

At the time of punishment for drunk driving in the past, it was punished as non-measures after traffic accidents.

However, there was no traffic accident at the time of the crime of this case.

There are no criminal records other than those before the previous offense.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.