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 October 11, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine at the Changwon District Court on December 29, 2017.

Despite the fact that the Defendant had been punished twice or more for the crime of violating the Road Traffic Act as above, at around April 18, 2020, the Defendant driven a F QM6 car under the influence of alcohol concentration of about 0.118% from a section of about 300 meters to the front of the E convenience store located in the same Gu D from the restaurant located in Changwon-si, Changwon-si, Seoul Metropolitan City, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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 twice (2007, 2017, 2017) due to drunk driving, even though he was punished by a fine.

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

of this state.

Traffic accidents that shocked off the parking lebane have also caused.

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

There is no criminal offense beyond a fine against the defendant.

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