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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 4, 2017, the Defendant received a summary order of KRW 1,500,000 from the Jeonju District Court as a crime of violation of the Road Traffic Act.

On April 2, 2020, at around 01:57, the Defendant driven a F SP car under the influence of alcohol concentration of about 600 meters from the front line of the CP located in Jinhae-gu, Changwon-si B to the front line of the E convenience store located in Jinhae-si D, Changwon-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and field photographs;

1. Inquiry reports, such as criminal records, investigation reports (Attachment to attached criminal records of the same kind of crime), and application of statutes in one copy of the judgment;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The ordinary circumstances that are disadvantageous to the defendant: although the defendant had been punished for driving under the influence of alcohol in 2017, he again committed the crime of driving under the influence of alcohol again for three years only, in light of the social harm and danger of driving under the influence of alcohol, the nature of the crime is heavy, the possibility of criticism is considerable, and the driving under the influence of alcohol level is highly high, and there is a need for strict punishment against the defendant because the driving under the influence of alcohol level constitutes a driving under the influence of high level of alcohol level.