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】

1. On January 28, 2008, the Defendant was issued a summary order of a fine of one million won at the Changwon District Court for the crime of violation of the Road Traffic Act.

2. On November 24, 2008, the Defendant was issued a summary order of KRW 2 million for the same offense in the same court.

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, on November 25, 2019, at around 01:01:02, the Defendant driven a motor vehicle with DNA 2km in the section of approximately 2km from the front day of the Changwon-si Yangdong-dong Yangdong-dong, Changwon-si, Changwon-si, Yangdong-dong, to the front day of the same Gu B, while under the influence of alcohol concentration of 0.091%.

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. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, 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 on orders to provide community service and 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 to a sentence, was under the influence of drinking, even though he had the ability to punish two times a fine due to drinking, and was also under the influence of drinking.

However, the defendant reflects on the crime.

The drinking driving did not cause a traffic accident while driving.

All criminal records of the defendant are prior to 2008 and their punishment has not been sentenced.

In addition, the records and arguments, such as the age, character and conduct, environment, motive, means and results of the crime, and the circumstances after the crime, are shown.