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 22, 2016, the Defendant was issued a summary order of KRW 4 million at the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 2, 2020, at around 11:10, the Defendant driven a rocketing-type taxi with the blood alcohol concentration of about 0.117% from the front of the convenience store C in Kimhae-si B to the front of the Domoel road.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, judgment, application of Acts and subordinate statutes concerning summary order;

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 punishment as ordered shall be determined by taking into account all the various circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the instant case.

Unfavorable circumstances: The harm of drinking driving, a significant degree of blood alcohol concentration, three previous years of the same kind (Provided, That once after 2006), etc.: The fact that the accused repents the wrong and reflects the wrong, the fact that there is no record of punishment exceeding the fine for the same kind of crime, the health status of the accused is not good, the dependent, etc.