A defendant shall be punished by imprisonment for one year.

except that 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 September 24, 2015, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on September 24, 2015, and on July 3, 2017, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch.

On May 3, 2020, at around 21:30, the Defendant driven a D car under the influence of alcohol level of 0.071% at the front parking lot of C apartment 1-2 Ra, which is the Defendant’s residence in Kimhae-si B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and investigation report;

1. Previous records of judgment: Application of criminal records, etc. and other 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. The reason for the suspended sentence under the main sentence of Article 62(1) of the Criminal Act (the degree of blood alcohol concentration, driving background, and previous convictions) shall be considered as a major sentencing factor, and the fact that the defendant is willing to recognize his/her own mistake and not to make the same mistake again, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as circumstances after the crime, shall be determined as the disposition.