A defendant shall be punished by imprisonment for a term of one year and two 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 April 27, 2007, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on December 2, 2013, by the same court, a fine of KRW 4.5 million for the same crime, respectively.

On December 22, 2019, at around 14:20, the Defendant driven a Category B New XD car with a blood alcohol concentration of about 0.220% under the influence of alcohol level from approximately 5km to the front road of the Naval Education Headquarters located in 111, Jin-si, Changwon-si, Changwon-si, Jin-si, Jin-si, Jin-si, Gowon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification on the control of drinking driving, response to requests for appraisal; and

1. Previous records: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act (the numerical value of blood alcohol concentration (0.220%) is to be considered as a major sentencing factor, and the defendant's mistake is to be recognized, and the same mistake is not to be made again. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all sentencing conditions in the pleading, such as the circumstances after the crime, shall be determined as ordered and the execution of the sentence shall be suspended on the premise that he/she has faithfully taken part in the compliance driving lecture.