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 22, 2006, the Defendant was issued a summary order of 2.5 million won by the Changwon District Court for a crime of violating the Road Traffic Act. On May 2, 2011, the Defendant was issued a summary order of 5 million won by the same court as a crime of violating the Road Traffic Act.

On December 3, 2019, at around 23:30, the Defendant driven a d SM6 car in a state of alcohol of about 0.134% alcohol concentration at a section of about 20km prior to the roads in front of the creative viewing road located in the Seongbuk-si, Changwon-si, Changwon-si, the Defendant driven a d SM6 car in a state of alcohol of about 0.134% of alcohol content.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, had been sentenced twice due to drinking alcohol driving (205, 2006), and was sentenced to a fine on one occasion in 201 due to refusal to take a drinking alcohol measurement, and was engaged in a drinking alcohol driving on the other hand.

The police officer's failure to comply with the inspection of the drinking control police officer and arrest at the end of the police's arrest.

In the blood alcohol concentration of 0.134%, the main state is not less than 0.134%.

At the time of punishment for drinking driving in the past, the blood alcohol content is close to 0.2%.