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 28, 2015, the Defendant issued a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on December 28, 2015, and on December 9, 2010, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (Refusal of measurement of drinking).

On July 3, 2020, the Defendant driven the EM5 vehicle under the influence of alcohol with approximately 0.040% alcohol concentration from the 200-meter section from the 07:50 o-si B apartment to the front road located in the city C. The Defendant driven the EM5 vehicle under the influence of alcohol concentration of about 0.040%.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the result of regulating drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had been punished four times of a fine for the same kind of crime prior to the sentencing, the sentence shall be determined as follows: (a) although the defendant had a record of being sentenced to a fine for the same crime prior to the sentencing, (b) prior to the considerable period of time in 2003, 2005, 2010, and 2015; (c) the drinking driving in the instant case is a night driving; (d) the drinking driving in the instant case is a relatively low level of 0.040%; (c) the defendant reflects his mistake; and (d) the defendant's economic condition and family relations, etc. are taken into account.