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

[criminal power] On August 27, 2015, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on August 27, 2015. On August 22, 2017, the Defendant was sentenced to a fine of KRW 5 million for the same crime, etc.

【Criminal Facts】

On March 21, 2020, the Defendant stated in the indictment around 18:45 on March 21, 2020 is only the point of control and is not the point of termination of driving.

In the five-meter section of the building in front of the building in Changwon-si, Changwon-si, the vehicle is sofried as to be 0.057% of blood alcohol level 0.057.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. The defendant's legal statement D, each police statement about E;

1. Report on the circumstantial statement of a drinking driver, each investigation report (report on the situation of the drinking driver, organization of facts, and the entrance door of the building Fly Building B), 112 report handling table, investigation report on the measurement of drinking alcohol, site and vehicle photographs, collection photographs, and inquiry into the results of the regulation of drinking driving and the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 of the Criminal Code of the Order of Education and the Order of Community Service was a relatively recent history of punishment for the crime of this case even though the defendant had been punished twice due to drinking driving.

However, the defendant late is recognized as committing the crime and is against the law.

The final blood alcohol concentration is not a high letter.

However, this is to apply the most favorable value to the defendant.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.