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 21, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violating the Road Traffic Act.

On July 13, 2019, the Defendant, while under the influence of alcohol of 0.041% of blood alcohol concentration on July 13, 2019, driven the F-learning Motor Vehicle in the front of the e-middle school located in Changwon-si Masan-si, Masan-si, B apartment C-dong parking lot, on the front of the e-school located in Changwon-si, Masan-si, Masan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished by a fine of two times (2011, 2004) due to drunk driving. However, the Defendant also driven a drunk driving.

However, the drinking control value is not high, and the drinking is driving on the following morning after drinking alcohol.

was controlled.

The drinking driving did not cause a traffic accident while driving.

In the past, the blood alcohol concentration of drunk driving was not higher than 0.1%.

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.