A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 2, 2012, the Defendant issued a summary order of 1.5 million won for a crime of violation of the Road Traffic Act at the Changwon District Court on April 2, 2012, and on December 17, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

On February 12, 2019, at around 01:00, the Defendant driven CM5 car in a state of alcohol of about 0.160% of blood alcohol concentration from approximately 4 km to the front of the window B of the Changwon-si, Changwon-si from the front day of the friwon-si, Changwon-si, to the front day of the window B of Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the results of the crackdown on drinking driving, report on the circumstances of drinking drivers, and report on the circumstances of drinking drivers;

1. Previous convictions in judgment: Criminal records, written judgments, and application of summary order statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the crime, as indicated in the order.

Disadvantageous circumstances: The defendant driving in the state of full blood alcohol (0.16% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

The defendant committed the crime of this case without being aware of the fact that he had been punished three times in total, including one time of suspended sentence of imprisonment due to the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.