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

[criminal power] On March 23, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Changwon District Court, and the summary order of KRW 3 million for the same crime at the same court on April 8, 2010, respectively.

【Criminal Facts】

Although the Defendant had been punished twice or more for violating the Road Traffic Act as above, at around 00:20 on April 24, 2020, the Defendant driven the Ebenz Cls400 car under the influence of alcohol content of about 0.122% from the 200-meter radius to the front of the D convenience store located in the same Gu C from Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 was that the Defendant had been punished twice due to drunk driving, but led to the instant crime.

The blood alcohol concentration level is high, and it also causes traffic accidents.

However, the defendant stated that he is aware of and against the facts of crime.

There is no record of punishment except the criminal records in the judgment.

Many personal damage did not occur.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.