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 September 26, 2016, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court due to a violation of the Road Traffic Act.

On September 7, 2020, at around 02:05, the Defendant driven a car with C low alcohol level of about 0.132% under the influence of alcohol in the 3km section from the front of the Kimhae-si, Kim Jong-si to the front road of the Dongwon-dong in the same city.

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: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving and control background, the same criminal record) takes into account as a major sentencing factor, and the fact that the defendant is expected to recognize and not to make the same mistake again. In addition, comprehensively taking into account all of the sentencing conditions stated in the arguments, such as the prosecutor’s sentence, the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the execution of the sentence is to be suspended on the premise that social service is faithfully performed.