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 February 17, 2016, the defendant was issued a summary order of a fine of three million won by the Changwon District Court for a violation of the Road Traffic Act.

On December 19, 2019, at around 23:50, the Defendant driven a DNA car in the state of alcohol alcohol leveling 0.142% of blood alcohol level from about 1km section to the roads in front of the Jingu Public Athletic Site located in Jingu, Jin-si, Jin-si, Jin-si, Kim Young-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of drivers in violation of the Road Traffic Act, notification of the results of the regulation of drunk driving, report on the situation of drunk drivers, and inquiry into the results of the regulation of drunk driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has the criminal records of drinking driving.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions in Article 51 of the Criminal Act, which are shown in the records of the instant case, such as the developments leading up to the drunk driving of the Defendant, the criminal records of the Defendant, the age, character and conduct of the Defendant