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 May 13, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for a crime of violation of the Road Traffic Act.

On September 11, 2020, at around 09:10, the Defendant driven B coaches or vehicles while under the influence of alcohol of about 0.094% in blood alcohol concentration on the road located in the Haban-gun, Haban-gun, Haban-gun, from the vicinity of the Maban-si, Changwon-si to the Haban-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Investigation report;

1. Previous records of judgment: Criminal history records, investigation reports, copies of summary order, and application of one copy of summary order 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutors: Imprisonment with prison labor for not less than two years and six months;

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once on May 201 due to drinking driving, but was sentenced to a fine on more than one-year basis, and was engaged in a drinking-free driving.

In the blood alcohol concentration of 0.094%, the state of the drinking is not less than that of the other.

Traffic accidents have occurred while drunk driving.

However, there is room for it to correspond to the so-called "neeping" as driving after drinking about four hours of alcohol and driving about about four hours.

No personal and material damage has occurred due to traffic accidents.

No sentence shall be imposed on the accused.

The age, character and conduct, environment, and motive of crime of the defendant;