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 March 25, 2014, the Defendant was issued a summary order of KRW 1500,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court’s Msan Branch for a crime of violation of the Road Traffic Act, and KRW 5 million as a fine in the same court on November 28, 2014, respectively.

【Criminal Facts of Crimes】 On November 18, 2019, the Defendant driven a E rocketing car in the state of alcohol alcohol concentration of about 0.119% from the 1km section from the front of the Cju store located in Kimhae-si, Kim Jong-si, to the front road of the Kimhae-si, Kimhae-si.

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 statements of a drinking driver and report on the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of sound driving), and application of two copies of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the Defendant’s age, occupation, character and conduct, family relationship, blood alcohol concentration (0.119%) as well as the circumstances before and after the crime.

An unfavorable circumstance: A normal situation in which the defendant has been punished twice for the same crime: The defendant is led to confession and reflect, and there is no record of punishment exceeding the fine.