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 July 25, 2013, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Changwon District Court.

On August 5, 2020, at around 02:20, the Defendant driven a D-hurd-hurged vehicle with a blood alcohol concentration of about 0.154% under the influence of alcohol at about 1km from the Do in front of the river in the summer City to the front road in the C-hurg city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

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. Making a report on the control of drinking driving;

1. The actual condition survey report;

1. Previous convictions in judgment: Criminal records, repeated statements, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of one summary order;

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 sentenced to a fine once 2013 due to drinking driving, and was engaged in drinking at the same time.

In the blood alcohol concentration of 0.154%, the state of the drinking content is not less than that of the other.

On the wind that a vehicle is parked in a post-driving state, traffic accidents caused by the vehicle's own movement and shocking the parked vehicle.

However, there was no loss of human life due to traffic accident.

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.