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

[criminal power] On September 22, 2010, the Defendant received a fine of 1.5 million won for a violation of the Road Traffic Act at the Changwon District Court on September 22, 201, and a summary order of 2.5 million won for a violation of the Road Traffic Act at the Changwon District Court on August 22, 2011.

【Criminal Facts】

On June 29, 2019, at around 00:10, the Defendant driven BM5 car from around 200 meters to around 46 m3:0 meters away from the day before the beginning of the string in the mutual influence in the Kim Jong-si, Kim Jong-si, to the roads near the singular Park, while under the influence of alcohol content 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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 Defendant’s age, character and conduct, the details and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined by comprehensively taking into account the following circumstances:

Disadvantageous circumstances: The defendant driving in a state of full blood alcohol (0.151% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

In the past, the crime of this case was committed without being aware of the history of punishment two times for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

There is no record of punishment exceeding the fine for the same crime.