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 November 3, 2008, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on November 3, 2008, and on October 16, 2012, the Defendant issued a summary order of KRW 4.5 million to a fine for the same crime.

Although the Defendant had been punished for drunk driving as above, on July 10, 2020, at around 01:14, the Defendant driven an E rocketing car from the road front of the mutual singing shop in the vicinity of Changwon Mucompo-gu, Changwon-si B to the roads front of the same time-based members C in the same time-based area, while under the influence of alcohol at around 01:18%.

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 before ruling: Application of criminal records, repeated statements, investigation reports, 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. 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 of three times (199, 2008, and 2012) due to drunk driving, and was also under the influence of drinking.

The state of the blood alcohol concentration of 0.118% is not easy.

However, the driver did not cause a traffic accident while driving.

There shall be no criminal records exceeding fines.

Defendant has a disability.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.