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 February 29, 2008, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s territorial branch.

On May 30, 2020, the Defendant driven an E-7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.09% 0.09% from the 2km section from May 30, 2020 to the front of D, located in the same military C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., even though the numerical value of drunk driving of this case (0.099%) was not low, the occurrence of traffic accidents occurred, and the previous punishment was imposed several times due to drunk driving, but the time of criminal punishment due to the same kind of crime of the defendant was all prior to 2008, and the punishment was determined as ordered by considering all the circumstances including the fact that the defendant's previous criminal punishment was imposed prior to 2008.