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 January 2, 2007, the Defendant was issued a summary order of 1,500,000 won for a fine due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s jurisdiction over the Defendant.

Around 00:05 on September 10, 2020, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.168%, and the Defendant was driving a D-A-Wurt-Wur-Wur-Wur-Wuron car from the front side of the window B at Changwon-si to the front road of the same Gu C at approximately 1 km.

Accordingly, the defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification on the control of drinking driving, and the result of blood collection;

1. Previous records of judgment: Application of criminal records, etc. and other 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, the background of driving and accident, and the same previous conviction (two times) is to be considered as a major sentencing factor, and the defendant has to recognize his/her mistake and not to make any identical mistake again. In addition, comprehensively taking into account all sentencing conditions that are shown in pleadings, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, the execution of the sentence is to be suspended on the premise that social service is faithfully performed.