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.

Criminal facts

On December 5, 2011, the Defendant was sentenced to a summary order of a fine of KRW 1.5 million by the Changwon District Court for a violation of the Road Traffic Act, and was punished twice for the same crime.

On August 30, 2019, at around 20:0, the Defendant, from the Do in front of the building Kimhae-si, to the front road of the same Chora, drive D low-water car from about 4 meters in the direction of blood alcohol content of about 0.112% in a drunken manner, in front and rear, over several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the status of a drinking driver, and notification of the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is a traffic accident, and thus, it may cause damage not only to the driver but also to other infinites' lives and property. Therefore, a serious punishment is needed.

The defendant caused an accident due to drinking driving, and the blood alcohol concentration was also high at the time of committing the crime.

The same criminal records are also twice.

However, even though the defendant recognized the crime of this case and had the same kind of crime record, the defendant's economic situation, family relation, age, character and conduct, environment, motive, means and result of the crime of this case and other factors of sentencing as stated in the trial of this case shall be comprehensively considered and determined as ordered.