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 July 9, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Changwon District Court Msan Branch, and a summary order of KRW 4 million for the same crime in the same court on June 20, 2013, respectively.

On September 15, 2020, at around 00:02, the Defendant driven an Eststun vehicle under the influence of alcohol leveling 0.11% of alcohol level on the road at approximately 200 meters away from the D convenience point in the front of the said B, via the D convenience point in C.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Previous convictions in judgment: Criminal history records, investigation reports, copies of summary order, and the application of two copies of 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. 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. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine on two occasions (2012, 2013) due to drunk driving, and was engaged in a drunk driving.

In the blood alcohol concentration of 0.111%, the main state is not easy.

In the past, both alcohol and blood alcohol level exceeded 0.1%.

The attitude after the crime was not good, such as failing to respond properly to the drinking measurement at the time of crackdown.

However, there was no traffic accident.

No sentence shall be imposed on the accused.

The age, character and conduct of the accused, and others.