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 March 9, 2007, the Defendant was issued a summary order of KRW 1,00,000 by the Changwon District Court for the crime of violation of the Road Traffic Act.

Around 01:20 on August 8, 2020, the Defendant driven a D low-speed car at the entrance of the Jinhae-gu, Changwon-si, Changwon-si, with approximately 1km at the entrance of the Jinhae-gu B apartment Cdong, while under the influence of alcohol at 0.18% of blood alcohol level.

Summary of Evidence

1. A defendant's written request for appraisal of his/her legal statement, and a report on detection of the driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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 reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is likely to lead to traffic accidents in the event of drinking driving by affecting people's physical ability, and the risk of recidivism is high for drinking driving.

Although the Defendant was punished twice due to drunk driving, including the previous conviction stated in the judgment, he re-driving without the awareness of the danger of drunk driving.

The blood alcohol concentration by the pulmonary measurement was 0.158%, and the degree of the Defendant’s the alcohol concentration was very high as the result of the blood collection test shows that the blood alcohol concentration was 0.18%.

However, the Defendant, against the instant crime, did not repeat the crime.

The Defendant was not subject to a punishment exceeding a fine due to traffic-related crimes.

The punishment shall be determined as ordered in consideration of the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive of the crime, and circumstances after the crime.