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 July 26, 2013, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on July 26, 2013.

On April 17, 2020, at around 22:45, the Defendant driven D K7 car under the influence of alcohol by 0.149% in blood alcohol concentration on the road of approximately 8 km from the day before the cafeteria located in the Simpo-si, Changwon-si to the front of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Declarations, records on the handling of cases, records on the circumstantial statements of the host driver, investigation reports, investigation reports, and photographs of the 112 patrols and images taken;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.

The blood alcohol concentration is high.

However, the defendant stated that he is aware of and against the facts of crime.

There is no criminal history exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.