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 July 28, 2014, the defendant was sentenced to a fine of three million won by the Changwon District Court for a violation of the Road Traffic Act.

Nevertheless, at around 23:20 on August 7, 2019, the Defendant driven B car under the influence of alcohol of about 500 meters from the front of the coal branch office located in Pyeongtaek-si Seo-dong to the front of the Military Health Center in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the regulation of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing, including the frequency of drinking alcohol driving, the influence of alcohol in this case, the circumstances leading to drinking driving, the occurrence of traffic accidents, the age, character and conduct, environment, and family relationship of the defendant, including the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures are erroneous and contradictory to the defendant, and