A defendant shall be punished by imprisonment for a term of one year and two months.

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

In the Changwon District Court on December 14, 2009, the Defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act (driving) at the Changwon District Court on May 16, 201, a fine of 6 million won for the violation of the Road Traffic Act (driving) at the Changwon District Court on May 16, 201, and on October 10, 201, the Defendant was sentenced to a suspended sentence of 2 years for the crimes of violation of the Road Traffic Act (driving) at the Changwon District Court on October 10, 201.

Nevertheless, the Defendant, at around 01:20 on November 6, 2019, driven C rocketing car while under the influence of alcohol content of 0.174% from the street section to the adjacent roads of Gyeongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, inquiry into the results of the control of drinking driving, and making an inquiry into the enemy;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

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. The current Road Traffic Act amended for the reason of sentencing under Article 62-2 of the Criminal Act with regard to probation, community service order, and order to attend a lecture has strengthened punishment for the crime of drunk driving, including that the defendant was punished for a suspended sentence for the same kind of crime in an atmosphere with high social awareness of the crime of drunk driving, but the defendant was punished for the crime of this case without being dead, and the fact that the defendant's blood alcohol concentration at the time of the crime is high is disadvantageous to the defendant.

However, the whole circumstances, such as the fact that the defendant is against the mistake, the fact that the result of damage to another person is not caused due to traffic accidents, etc. during the crime, and the age, character and behavior, environment, circumstances of the crime, and after the crime.