Defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On August 4, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court on December 29, 2008; the Defendant was sentenced to a summary order of KRW 1 million for the same crime in the same court on December 29, 2008; and on June 9, 201, the Defendant was sentenced to a suspended sentence of two years for eight months for a crime of violation of the Road Traffic Act at the Changwon District Court Msan Branch Branch on June 9, 201.

【Criminal Facts】

On August 25, 2020, at around 23:15, the Defendant driven a Dlearning car in the state of alcohol alcohol concentration of about 0.148% at the 20km section from the parking lot of the Haan-gun, Haan-gun, Chungcheongnam-si to the front road of the Changwon-si, Masan-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the circumstances of a drinking driver, a criminal investigation report (report on the circumstances of a drinking driver), and a report on internal investigation (related to the circumstances of measurement of drinking under suspicion);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records and investigation reports);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 reasons for sentencing under Article 62-2 of the Criminal Act, including one suspended sentence, led to the instant crime even though the Defendant had been punished four times due to drinking driving.

The blood alcohol concentration level was very high, and it also caused an accident.

However, the defendant stated that he is aware of and against the facts of crime.

The drinking power is not the recent one, but the personal damage was not caused by an accident.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.