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 3, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) with the Changwon District Court's smuggling on September 3, 2009. On September 7, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (Refusal of measurement) with the Changwon District Court's smuggling Branch.

피고인은 2019. 8. 2. 21:25경 창원시 의창구 B에 있는 C 버스정류장 인근 도로에서부터 같은 구 D에 있는 ‘E’ 셀프빨래방 앞 도로에 이르기까지 약 30m의 구간에서 혈중알콜농도 0.155%의 술에 취한 상태로 F 효성랠리 원동기장치자전거를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Inquiry reports on criminal records, investigation reports, confirmation of criminal records, judgment, and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant had been punished once due to drinking alcohol driving and once a fine due to his refusal to measure drinking, but again, he went again to drive under the influence of drinking.

However, the sentencing conditions such as the defendant's age, character and behavior, environment, background of the crime, degree of drinking, and circumstances after the crime are considered, and the punishment shall be determined as ordered in consideration of various circumstances, such as the defendant's age, character and behavior, circumstance, degree of drinking, etc.