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] On April 14, 2008, the Defendant issued a summary order of KRW 1 million at the Changwon District Court for a violation of the Road Traffic Act (driving). On June 22, 2009, the Defendant had the record of being issued a summary order of KRW 3 million by the same court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 20, 2019, at around 20:45, the Defendant driven the Emnban vehicle with a blood alcohol concentration of about 0.042% under the influence of alcohol in the section of about 1k from the 20:45 Kimhae apartment parking lot to the front road of the D Hospital located in Kimhae-si C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of the suspect in the past);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Probation Criminal Act, the sentencing conditions indicated in the records, such as the following circumstances and the defendant’s age, occupation, character and conduct, family relationship, blood alcohol concentration (0.042%) in the instant case, and circumstances before and after the commission of the crime, shall be determined as ordered.

Normals disadvantageous: A normal situation in which the defendant has been punished twice for the same crime: The defendant is led to confession and reflect, and there is no record of being punished in excess of the fine for the same crime.