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 26, 2013, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for a crime of violation of the Road Traffic Act.

On March 14, 2020, at around 17:15, the Defendant driven a D k5 car while under the influence of alcohol content of about 0.093% in a section of about 35 km in the middle of the Jinju City, which is located in the front of the C company in Jinju-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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 under the influence of drinking, even though he had the ability to punish a fine once in 2013 due to a drunk driving.

The driving form of the defendant was reported and controlled by all the groups.

However, the defendant reflects the crime.

The driver did not cause a traffic accident while driving.

In the blood alcohol concentration of 0.093%, the state of exploitation is not serious.

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

Defendant supports her mother alone.

They want to take the action against the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.