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 March 9, 2015, the Defendant issued a summary order of KRW 3 million at the Changwon District Court for a violation of the Road Traffic Act.

On April 18, 2020, at around 01:07, the Defendant driven a F car under the influence of alcohol concentration of about 0.139% on the road of approximately 1km from around Cju to E in the Haban-gun D located in the Haban-gun, the Defendant driven a F car in the state of alcohol concentration of about 0.139%.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

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

1. Notification of the control of drinking driving;

1. Previous records of judgment: Investigation report (verification of the same type of power), one copy of summary order, and application of Acts and subordinate statutes governing criminal records, etc.;

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 2015 due to a drunk driving.

In the blood alcohol concentration of 0.139%, the main state is not easy.

At the time of punishment for drunk driving in the past, the state of alcohol was serious as 0.211% of blood alcohol concentration.

There seems to be an accident that other people face while driving. They seem to cause an accident that other people face.

However, there is no other human or material damage caused by a traffic accident.

There are no criminal records other than those before the previous offense.

The defendant shall support his mother.

The age, character and conduct, environment, motive, means, results, and circumstances after crimes of the accused.