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 December 23, 2013, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

피고인은 2020. 7. 1. 05:22경 창원시 마산회원구 B에 있는 C 앞 노상주차장에서부터 B에 있는 D 앞 도로에 이르기까지 약 50m 구간에서 혈중알코올농도 0.076%의 술에 취한 상태로 E 팰리세이드 승용차를 운전하였다.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been punished for drunk driving, but caused the instant crime.

However, the defendant stated that he is aware of and against the facts of crime.

On the following day, alcohol was detected.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.