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

However, the execution of the above punishment for three years from the date of the final judgment.

Punishment of the crime

On January 2, 2012, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court Msan Branch.

On January 17, 2020, at around 15:24, the Defendant driven D truck with a blood alcohol concentration of about 11 km from the 11km section to the front road of the bus bus stop at the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, to the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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. The actual condition survey report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning the same military record;

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. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine of three times (2004, 2007, and 2012) due to drunk driving, and was engaged in a drunk driving.

In the course of drinking driving, utility poles in roads, motor vehicles parked are shocked with signs of warning at crosswalks, etc. and causes traffic accidents involving their own vehicles.

In the blood alcohol concentration of 0.184%, the state of exploitation is also significant.

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

There is no criminal history after 2012, and there is only one fine due to traffic accident in 1997 except for the previous conviction.