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 20, 2017, the Defendant was issued a summary order of KRW 3,50,000 by the Changwon District Court as a crime of violating the Road Traffic Act.

Although the Defendant had been punished as a crime of violation of the Road Traffic Act, on March 30, 2020, at around 16:15, the Defendant driven a D Sti-type car under the influence of alcohol content of about 0.158% from around 3km to the Changwon-si, Changwon-si, Seoul, to the Changwon-si located in the same Guamb.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. 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 sentenced to a fine twice (2003, 2017) due to drunk driving, even though he was punished by a fine.

The numerical value was equivalent to 0.158% of blood alcohol concentration, and was taken to the degree that it will be locked in the signal atmosphere.

However, the defendant reflects on the crime.

The drinking driving did not cause a traffic accident while driving.

There is no criminal offense beyond a fine against the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and results of the crime, and all the sentencing conditions shown in the records and arguments, shall be considered as the order.