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 September 3, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Changwon District Court on September 3, 2007.

Criminal facts

On August 27, 2020, the Defendant driven a DMW 528i car from around 800 meters away from the front side of the Seongdong-gu building in Changwon-si to the front road of the Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, Changwon-si, in a state of alcohol of 0.196% of blood alcohol level around 05:47.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, request for appraisal of blood alcohol concentration, response to requests for appraisal and written appraisal;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant Article of the Criminal Act and Articles 148-2 (1) and 44 (1) of the Criminal Act concerning the option of criminal facts;

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 under Article 62-2 of the Criminal Act, including the Defendant’s age, character and behavior, environment, background of the crime, and circumstances after the crime, are considered as follows: (a) the Defendant committed the instant crime once again despite the fact that the Defendant had had the criminal record of drinking driving twice; (b) the blood alcohol concentration level was very high at the time of the instant crime; and (c) the Defendant caused a traffic accident that meets the signal signaled vehicle in the front direction as a result of drinking driving; and (d) the Defendant’s age, character and behavior, environment, circumstances after the crime, etc.