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.

Criminal facts

On August 11, 2006, the Defendant was sentenced to a summary order of a fine of three million won at the Changwon District Court for a violation of the Road Traffic Act (driving). On December 6, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of eight months at the Changwon District Court for a violation of the Road Traffic Act.

Around 02:00 on August 6, 2019, the Defendant driven a Flus vehicle under the influence of alcohol level of about 0.180% in the section of about 3km from the front of the convenience store to the front road of the Gu, which is located in the same Gu D, from the front of the convenience store to the front road of the Gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, report on the state of drinking drivers' standing statement, and report on the state of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry records, and application of each of the statutes applicable to such judgments;

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 a traffic accident, and thus, it may cause damage not only to the driver but also to other infinites' lives and property. Therefore, a serious punishment is needed.

The defendant has caused a traffic accident due to drinking driving, and the blood alcohol concentration was also high at the time of committing the crime.

The same criminal power is also two times, and criminal punishment power is also many.

However, considering the fact that the defendant recognized the crime of this case, the financial situation, age, character and conduct, environment, motive, means and result of the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing as shown in the trial process of this case, such as the defendant's recognition of the crime of this case, the previous criminal records were not less than six years,