Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 1, 2019, the defendant was issued a summary order of KRW 5 million for the violation of the Road Traffic Act in the Changwon District Court Msan Branch on August 1, 2019.

On June 22, 2020, at around 23:15, the Defendant driven a FW car under the influence of alcohol with a 0.143% alcohol concentration on the road of approximately 400 meters from C before the Haban-gun B to E in the front.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal history records, the previous records and results of confirmation, and the application of Acts and subordinate statutes of one copy of a 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. 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 once 2019 due to drinking driving, and was engaged in drinking at the same time.

A person who has been punished by a fine due to drinking driving was not punished and re-offending was not more than one year.

In the blood alcohol concentration of 0.143%, the main state is not less than 0.143%.

It was found that the police officer violated the signal during drinking driving, and the police officer did not open the door of the vehicle and attempted to open the door of the vehicle or to replace the passengers and drivers, etc., and the attitude was not good after the crime was committed.

However, there was no traffic accident.

There is no other penalty power than the above previous offense.

The age, character and conduct, environment, and crime of the defendant.