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 October 26, 2016, the Defendant was issued a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court's Msan Branch.

On March 11, 2020, at around 00:05, the Defendant driven a e-car under the influence of alcohol with approximately 0.10% alcohol concentration from the 5km section from the front of the Haak-gun, Hawon-si, Hawon-si, Hawon-si, to the front of the D in Changwon-si, Masan-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force, etc.), and application of statutes by a summary order;

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. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was under the influence of drinking, even though he had the ability to punish a fine once in 2016 due to a drunk driving.

The vehicle following the defendant was discovered by reporting the status of the defendant's driving.

As blood alcohol concentration of 0.10%, drinking alcohol level is not easy.

At the time of punishment for drunk driving in the past, the state of alcohol was serious at 0.165% of blood alcohol concentration.

However, while drunk driving caused only a traffic accident to the degree that the center separation stand even, and human and material damage did not occur.

In addition to the above criminal records, 209.