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 January 28, 2013, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 4, 2020, at around 20:10, the Defendant driven a FM3 car while under the influence of alcohol concentration of about 0.125% from a 500-meter section of blood alcohol level to the front road of the Dong-dong D apartment E-dong, Changwon-si, Busan Metropolitan City.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking driving control, and report on traffic accidents;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving and actual risks to traffic (damage by shocking the parked vehicles) and favorable circumstances such as the volume of blood alcohol concentration at a considerable level: The defendant repents and reflects the wrong, and there is no record of punishment for the same kind of crime except before the judgment, and family members, etc.