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 February 9, 2009, the Defendant was issued a summary order of KRW 1 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 23:30 on January 30, 2020, the Defendant driven a Clearning car while under the influence of alcohol concentration of about 0.097% from the 3km section of blood alcohol level to the distance of the Gyeongnam-do Office building located in the same Gu-dong on the front of the window B window of Changwon-si, Changwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a site photograph, and a report on the actual condition of a traffic accident;

1. Report on the results of the crackdown on drinking driving, report on the control of drinking driving, and circumstantial statement of drinking drivers;

1. A report on investigation;

1. Previous records of judgment: Application of criminal records, inquiry reports (a copy of the previous records and summary order attached) and 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. Article 62 (1) of the Criminal Act;

1. The defendant had already committed the instant crime for the reason of sentencing under Article 62-2 of the Criminal Act, despite the existence of the same criminal records twice, and the blood alcohol concentration level was not lower at the time of the instant crime.

In addition, while under the influence of alcohol, the defendant made a left turn at the right edge of the intersection and caused an accident that causes serious damage by shocking another vehicle driven in accordance with the signals in the opposite part.

However, the execution of imprisonment with prison labor shall be suspended considering the fact that the defendant acknowledges all of his mistakes, and the fact that there is no criminal force other than the above two-time criminal records, but community service shall also be ordered in consideration of the aforementioned various circumstances.