A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 15, 2015, the defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on May 15, 2015.

On August 17, 2020, at around 07:15, the Defendant driven a BM5 vehicle under the influence of alcohol concentration of approximately 0.172% from the 7km section of blood alcohol level to the 0.172% from the window of Changwon-si, Sungwon-si, Sungwon-si to the window of Changwon-si, Changwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, appraisal report, report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstantial situations of a drinking driver);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. In view of the fact that the Defendant was punished once by a fine due to drunk driving prior to the instant case, and the reason for sentencing under Article 62-2 of the Criminal Code of the community service order, the Defendant’s responsibility is heavy in view of the fact that the blood alcohol level at the time of the instant driving is very high to 0.172%, and the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is reasonable to consider that the defendant has no serious criminal record exceeding the fine, and that he reflects his fault.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all the sentencing factors as shown in the records and arguments, including the circumstances after the crime.