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 December 20, 2010, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court. On March 28, 2016, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court.

Around 03:20 on August 27, 2020, the Defendant driven CM3 motor vehicles at a section of approximately 1.3 km from the front side of the Seongbuk-gu, Changwon-si to the top side of the window of Changwon-si, Changwon-si, Seoul, to the front side of the 188 Police Station TM3km.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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. 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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is likely to lead to traffic accidents in the event of drinking driving by affecting people's physical ability, and the risk of recidivism is high for drinking driving.

The defendant, as stated in the judgment, was punished twice due to drinking driving, again, and caused an accident that caused the centralized separation zone due to negligence that did not properly operate the steering gear at the place indicated in the judgment.

However, the Defendant, against the instant crime, did not repeat the crime.

The Defendant scrapped the vehicle, and moved to a place within five minutes in the Do newsletter from his shop.

The degree of the defendant's exploitation is not very important.

There shall be no other penalty power except before the judgment.

In addition, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the age, character and conduct, environment, economic situation, motive of the crime, and circumstances after the crime, are considered.