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 June 1, 2007, the Defendant issued a summary order of KRW 2.5 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and on January 27, 2014, the Defendant had a record of being issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Changwon District Court.

On August 10, 2020, at around 02:19, the Defendant driven Bone Star car in the state of alcohol alcohol concentration of approximately 0.1% from the 30km section to the front road of the Central Highway, which is located in the vice-dong in Kimhae-si, Kim Jong-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 circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, such as criminal records;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving background, and previous convictions) takes into account as a major sentencing factor, and the fact that the defendant is expected to recognize and not to make another mistake again, and that he/she is expected to do so, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the premise that he/she faithfully performs the community service work.