A defendant shall be punished by imprisonment for a term of one year and two months.

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 June 15, 2010, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on the grounds of the violation of the Road Traffic Act. On May 10, 2016, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol as above, on July 1, 2020, at around 02:39, the Defendant driven a DNA car under the influence of alcohol with approximately 10km alcohol level of about 0.131% from the 10km section to the motorway located in the same road in the same city-dong.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of a copy of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Determination of the sentencing guidelines under the law for sentencing under Article 62-2 of the Criminal Act: Imprisonment with prison labor for a period of one year to two years: The sentence of imprisonment for a period of two months; imprisonment for a period of two years; imprisonment with labor for a period of two years; imprisonment with labor for a period of two years; imprisonment with labor for a period of two years (40 hours of community service; and 40 hours of taking courses); previous departments (4 times of fine); the details and distance of driving; the background and distance of driving; the defendant’s age; his character and behavior; and family relationship; and all the various circumstances revealed in the trial process of this case; and