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 22, 2016, the Defendant was sentenced to a fine of KRW 2.5 million for the violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch on January 22, 2016.

Although the Defendant had been punished for a violation of the Road Traffic Act as above, on June 24, 2020, at around 01:26, the Defendant driven a Di30-car under the influence of alcohol concentration of about 0.052% from the 3km section to the front of the Masan Elderly Welfare Center located in the Changwon-si, Masan-si, Masan-si, Masan-si, Masan-si.

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, 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 once 2016 due to drinking driving, and was engaged in drinking at the same time.

However, as blood alcohol concentration of 0.052%, the main state is relatively weak.

The driver did not cause a traffic accident while driving.

There shall be no criminal records exceeding fines against the accused.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.