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 June 2, 2009, the Defendant issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of the Road Traffic Act, in the Changwon District Court’s territorial branch on June 12, 2009, the summary order of KRW 1,50,000 as a fine for the same crime in the same court on June 12, 2007, and the summary order of KRW 1 million as a fine in the same court on November 10, 206, respectively.

On April 2, 2020, at around 00:10, the Defendant driven a F-to-purd vehicle with a blood alcohol concentration of about 0.093% under the influence of alcohol at approximately 700 meters from the C adjacent to C at macrosi to E in front of C at macrosi.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as ordered by taking into consideration all the circumstances, including the background leading to the instant crime, blood alcohol density, the same kind of criminal records, but not less than 10 years has passed yet to elapse, the Defendant has no criminal records of probation or heavier, the Defendant reflects the crime, and all other circumstances.