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 10, 2008, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court due to a violation of the Road Traffic Act.

On January 2, 2020, at around 23:15, the Defendant driven a F body car from about 500 meters to the front road of the C Jin-si in Kimhae-si, with a influence of alcohol of 0.113% of alcohol level 0.13%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of criminal records of sound driving);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Social Service and Criminal Act takes into account the following factors: (a) the degree of blood alcohol concentration, driving background, and identical previous convictions as major sentencing factors; and (b) the Defendant’s perception of the Defendant’s mistake and desires not to mislead the Defendant again; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc. comprehensively taking into account all the sentencing conditions as indicated in the arguments, such as the Defendant’s age, character and behavior, environment