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】

1. On February 1, 2012, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act in the Changwon District Court’s Tong-gu branch.

2. On April 29, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime, etc. in the Changwon District Court Msan Branch branch.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, on October 21, 2019, at around 09:47, while under the influence of alcohol 0.171%, the Defendant driven D-wing and freight cars at approximately 20km from the front of the Defendant’s dwelling at the window B of Changwon-si, the window B to the road in front of the Simcompo-gu C Apartment, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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, including the case where the Defendant was concurrently punished for drinking and driving without a license for drinking for three times due to drinking driving, which led to the instant crime even though he had the record of punishment for driving without a license.

The blood alcohol concentration is also very high.

However, the defendant recognizes and reflects the facts of crime.

There is no criminal record exceeding a fine.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.