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 February 5, 2009, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch for a violation of the Road Traffic Act.

On September 21, 2020, at around 01:30, the Defendant driven a E-tested vehicle under the influence of alcohol concentration of about 0.135% in a section of approximately 100 meters from the front of C in Changwon City B to the front of D in the vicinity.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous records of judgment: The application of criminal records, repeated statements, 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. 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(1) of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, including the circumstances after the crime, etc.

Unfavorable circumstances: The harm of drinking driving, considerable level of blood alcohol concentration, etc. is favorable conditions: The defendant repents and reflects the defendant's wrong, the defendant's recent records of punishment for drinking driving have been considerably old since around 2009, and the defendant's economic situation is not good.