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 December 24, 2019, the Defendant received a summary order of a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on December 24, 201.

On September 29, 2020, at around 01:00, the Defendant driven the EM6 vehicle under the influence of alcohol by 0.110% in the 2km section from the front of the main point where it is impossible to identify the trade name in Changwon-si, Muwon-si B, and from the front road in Changwon-si, to the front road in Changwon-si, Mu6.

As a result, the defendant violated the prohibition of drunk 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 of judgment: Criminal history records, investigation reports (Attachment to the previous records and summary orders), and application of Acts and subordinate statutes of one copy of summary order;

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 prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 2019 due to drinking driving, and was engaged in drinking at the same time.

In the blood alcohol concentration of 0.110%, the main state is not easy.

Traffic accidents leading to road seat while driving under influence have also caused.

There is a lot of room for criticism by repeating a crime since one year has not passed since a summary order of a fine of three million won was issued on December 24, 2019 due to drinking driving on November 14, 2019.

However, there was no loss of human life due to traffic accident.

In addition to the above criminal records, the defendant was guilty.