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

[criminal power] On December 1, 2006, the Defendant was issued a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act (driving) and KRW 1.5 million from the Changwon District Court through the Changwon District Court on December 28, 2015 to a fine for the same crime.

【Criminal Facts】

At around 23:50 on March 28, 2020, the Defendant driven DK5 car at a section of approximately 1 km from the public parking lot to the front road of the “C” located in the B in the Sinpo-si where he was under the influence of alcohol with a blood alcohol concentration of 0.179%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of retoxicated.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, enforcement evidence and photograph, inquiry into the results of crackdown on driving under the influence of alcohol, the circumstantial statement of the drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of three copies of summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: light of the social risk of drunk driving and the purport of the revision of the Road Traffic Act, which is raised by the statutory penalty, the strict necessity is required for the act of drunk driving in light of the social danger of drunk driving and the purport of the revision of the Road Traffic Act, the circumstances favorable to the majority of traffic crime records, such as drunk driving: The fact that there is no record of the crime exceeding the fine, the fact that there is no record of the crime beyond the fine, and all the sentencing conditions shown in the records and arguments including the degree of the punishment