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

[criminal power] On August 1, 201, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On September 29, 2014, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts】

On April 29, 2020, at around 23:26, the Defendant driven a C BY car in the state of alcohol alcohol concentration of approximately 0.180% from the section of approximately 2.4km to the front road of the Kusan-si Kimhae-si in the same city apartment guard room.

Summary of Evidence

1. Statement by the defendant in court;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, probation, community service order and order to attend a lecture shall be determined by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: The harm of drinking driving, high blood alcohol concentration, three-time criminal records of the same kind (Provided, That two times after 2006) and other favorable circumstances such as the previous records of the three-time criminal records: The fact that the defendant repents and reflects the wrong, his dependent, etc.