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 1, 2006, the Defendant was issued a summary order of 2.5 million won by the Changwon District Court due to a crime of violation of the Road Traffic Act, etc., and on March 14, 201, the Defendant was issued a summary order of 5 million won by the same court as on March 14, 201.

On July 30, 2019, at around 06:28, the Defendant driven an Ero body passenger car with approximately 1.5km alcohol concentration 0.123% under the influence of alcohol, from the section of approximately 1.5km in the front of the D located in Changwon-si, Changwon-si B apartment at Changwon-si, Busan Metropolitan City to D.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of suspect's drinking driving records, etc.) and 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. 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, was under the influence of driving under the influence of alcohol, and was also under the influence of alcohol.

In the past, both drinking and the instant crimes were those that were not less than 0.1% of alcohol concentration in blood.

In the past, traffic accidents have occurred at the time of drinking driving.

그러나 이 사건 범행 당시 전날 술을 마신 후 잠을 잔 후 술이 깼다고 생각하여 새벽에 운전을 하다

was controlled.

At this time, there was no traffic accident.

(b) other.