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 11, 2014, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) at the Changwon District Court's Msan Branch branch, and on February 6, 2015, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On August 19, 2018, the Defendant driven a CSpo-type car under the influence of alcohol concentration of about 0.222% from the 28km section to the 298-4 mallle in writing from the front side of the 4-lane mountain village in the west-gun, Gyeongnam-gun, Gyeongnam-do around 2018, the Defendant driven a CSpo-type car under the influence of alcohol concentration of about 0.22% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (the confirmation, etc. of such past history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order has the record of being punished for the same crime, and the drinking volume of this case is high.

In this context, the defendant's mistake and reflects his depth, the defendant's age, family relationship, circumstances before and after the crime, and the situation of crackdown shall be determined as ordered.