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 May 23, 2011, the Defendant was issued a summary order of a fine of KRW 2.5 million due to a violation of the Road Traffic Act, etc. at the Changwon District Court Msan Branch on two occasions in total.

On July 11, 2020, at around 21:40, the Defendant driven E-wit truck under the influence of alcohol content of 0.110% from the C parking lot located in the Haban-gun B to the front of the D Village bus platform.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Previous records of judgment: Investigation report (verification of the same type of power), two copies of summary order, and application of Acts and subordinate statutes governing criminal records, etc.;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine on two occasions (203, 201, 201) due to a drunk driving, and was engaged in a drunk driving.

In the blood alcohol concentration of 0.110%, the main state is not less than 0.10%.

Traffic accidents that shock a signal pole during driving also caused a traffic accident.

In 2011, the drinking driving caused a traffic accident while driving.

However, there was no loss of human life due to traffic accident.

There shall be no criminal records exceeding fines against the accused.

In addition, all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.