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 April 11, 2018, the defendant was notified of a summary order of a fine of KRW 3 million for the violation of the Road Traffic Act in Changwon District Court's smuggling support.

At around 06:55 on January 24, 2020, the Defendant, a university in Busan Metropolitan City, driven B Lat car with a level of alcohol of about 0.116% alcohol content at a distance of about 500 meters from the Do in front of the Pyeong-si located in the 60th parallel, to the Gyeongsan-si located in the 100th parallel.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification, etc. of the same criminal records as a suspect);

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 probation officer's decision to impose on the probation officer's probation order on the following grounds: (a) considering the fact that there is no record of punishment other than the first head of the judgment; (b) there is no record of punishment except for the same kind of criminal record of the judgment; and (c) considering the defendant's age, family environment, economic condition, etc., the execution of the sentence is suspended; (d) considering the fact that the probation officer's strict management and supervision will assist the prevention of recidivism; and (e) taking into account the fact that the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment, has been carried out again after the implementation of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment; and (e) the degree of blood alcohol concentration exceeds the revocation standards, etc.