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 14, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Changwon District Court on July 14, 2008, and on June 20, 201, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Changwon District Court Branch Branch.

On September 20, 2020, the Defendant driven the E-Wz car under the influence of alcohol with approximately 800 meters alcohol concentration of approximately 0.097% from the Do in front of the department store C department store in Changwon-si to the roads D in Changwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2008, 201) due to drinking alcohol driving, and was engaged in a drunk driving even though he was sentenced to a fine.

In the blood alcohol concentration of 0.097%, the state of the drinking is not easy.

However, there was no traffic accident.

There shall be no criminal records exceeding fines against the accused.

The age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed, all the sentencing conditions shown in the records and arguments.