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 January 12, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

On October 4, 2019, at around 00:25, the Defendant driven a D Lasta car with approximately 2 km alcohol concentration of 0.185% under the influence of alcohol from the 2km section to the roads adjacent to the Synthetic Dong, Changwon-si, Masan-si, Masan-si, to the roads adjacent to the same Gu Canx in the same Gu.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol even though the Defendant violated the prohibition of drinking once or more times.

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: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, 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. 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. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (205, 2007) due to drunk driving, and was also under the influence of drinking.

In the blood alcohol concentration of 0.185%, the state of exploitation is relatively significant.

However, the defendant reflects on the crime.

The drinking driving did not cause a traffic accident while driving.

There are no criminal records other than those before the previous offense.

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.