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 August 25, 2008, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court as a crime of violation of the Road Traffic Act.

피고인은 2019. 12. 15. 00:54경 창원시 성산구 B아파트 상가 앞 도로에서 B아파트 C동 방면에서 D동 방향으로 약 5m 구간을 혈중알코올농도 0.137%의 술에 취한 상태로 E 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports and investigation reports Acts and subordinate statutes, such as criminal records;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, the same criminal record, and the occurrence of accidents as major sentencing factors; and (b) the Defendant’s mistake is recognized and again does not make the same mistake; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the execution of the sentence is to be suspended on the premise of the faithful performance of community service work, by comprehensively taking into account all sentencing conditions as indicated in the arguments, including the Defendant’s age, character