A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 13, 2017, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court.

On September 21, 2020, the Defendant driven an E SP car in the state of alcohol alcohol concentration of about 0.071% from the 1km section from the 23:00 Changwon-si, Sungwon-si to the front road of the D elementary school located in C, the Defendant driven the E SP car in the state of alcohol concentration of about 1km.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal statement report on the situation of the driver placed in the main oral statement, report on the situation of the driving in the main place, inquiry about the result of crackdown on drinking driving, and inquiry about criminal history, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. An order to attend a course under Article 62-2 of the Criminal Act;